1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Writ Petition No. 2998 of 2006 Varsha Purushottam Mapari Vs. State of Mah. & Ors. & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders CORAM: ANOOP V. MOHTA & C. L. PANGARKAR JJ. Dated: 23 rd July, 2008. The petitioners basically aggrieved by so called auction hold on 21.06.06 for allotting the lease of fishery rights of Nalganga Dam and further challenged the tender notice for all citizens in respect of Utawali Dam including communication dated 08.06.06. There is also a challenge to the policy of the Government in allotting fishery tank only to Cooperative Societies. Respondent No.2 resisted the said petition by its reply 2 dated 30.06.06 in pursuance to paras 2 and 3 which are reproduced as under: “It is submitted that State Irrigation Tanks should lease out to Primary Fisheries Cooperative Societies as per Government Resolution dated 15.10.20012 and 04.01.2002. As mentioned in the said Government Resolution dated 15.10.2001, if the tank is situated in jurisdiction, then open auction should be proceeded among the fisheries cooperative societies, in which jurisdiction the tank exists. The process of Nalganga Tank leasing by auction was conducted on 21.06.2006 as per the above Government Resolution. Therefore, the contention of the petitioner is not correct. Circular dated 05.03.2003, on which the petitioner relies pertains to the leasing of Z. P. Tank only, in which there was provision to lease the tank to the self help group (Bachat Gat). However, this circular is also cancelled as per Gram Vikas Mantralaya Circular dated 233rd June 2004. The copy of this circular is annexed herewith as Annexure R1. It is mentioned in the said circular that the Z. P. Tanks should be leased as per Government Resolution dated 15.10.2001 and 04.01.2002.” The basic Circular dated 05.03.2003 itself was cancelled by Circular dated 23.06.2004. In the result the Government Resolutions dated 15.10.2001 and 04.01.2002 stand restored. In view of this nothing survives in the petition. However, petition is disposed of by keeping open all the points. JUDGE JUDGE svk