JUDGMENT K.C. Agrawal, J. - This petition under Article 22 of the Constitution has been filed by Matsya Jivi Sahkari Samiti which is a Cooperative society registered under the Cooperative Societies Act, 1965, for Mandamis for approval of the auction of portion no. 4 of river Yamuna and portion no. 1 of river Anhavva no.1 and not to settle the same by negotiations to any other person. 2. Under Clause 60 (3) of the Bheni Prabandhak Samiti Manual, different rivers flowing from a particular district is sold by public auction for the period specified. At the public auction held on 3-11-1986, the petitioner society was the highest bidder. The Collector Etawah, however, did not approve the auction held in favour of the petitioner on the recommendations of the officer-in-charge fisherise Etawah. The petitioner again participated at the auction held on 8-4-1987. He was again the highest bid of river Jamuna no. 4. 3. The petitioner filed an application dated 9-4-87 before the District Magistrate, Etawah requesting him to confirm the bid. A prayer for adjustment of Rs. 91,300/-, which was already in deposit with the District Magistrate, was also made. No orders were since passed, the petitioners approached this Court by means of the present writ petition on 20th April, 1987. On the aforesaid dated, this Court passed the following orders :- "Prior to filing of this writ petition the petitioner approached this court and orders were issued directing the opposite party to permit the petitioner to participate in the auction and in case he was the highest bidder then the amount which had been deposited by him earlier may be adjusted to the money for which the bid is finally settled in his favour. It is stated that Rs. 91,300/- are already lying in deposit with the opposite party and the total bid for collecting fish on river Yamuna and river Anhavva comes to Rs. 1,11,000/-. Since the petitioner is the highest bidder, we direct the opposite parties the District Magistrate and officer-in-charge Fisheries to permit the petitioner to collect fishes from these areas provided the petitioner deposits the balance amount of Rs. 19,700/- within a period of two weeks from today. He shall the permitted to carry of fishing from the date of deposit of the aforesaid amount." 4. 19,700/- within a period of two weeks from today. He shall the permitted to carry of fishing from the date of deposit of the aforesaid amount." 4. Notice be further issued to Sri K.L. Meena, Sub-Divisional Officer Etawah/Officer-in-charge, Fisheries to file counter affidavit and explain the circumstances in which he was not been complying with the orders passed by this Court. 5. A copy of this order shall be produced by the petitioner before Sri K.L. Meena and the District Magistrate within three days. The standing counsel may also obtain necessary instructions. 6. A counter affidavit has been filed by K.L. Meena, District Magistrate, Etawah. He was the officer-in-charge, Fisheries, Etawah. It may be noted here that under the stay order, the petitioner has been operating the two rivers, mentioned above. The major portion of the period for which the auction was held is also over. It, therefore, appears to us in the interest of justice that the auction held on 8-4-1987 in favour of petitioner no. 1 may be held valid. 7. Sri B. Dixit, counsel appearing for respondent no. 2. urged that there was some money due to the Government in the matter of auction held in 1986. The aforesaid two water courses as well as two others had been given to Mohammad Ashraf. For this period, the District Magistrate may be entitled to realise the money from Mohammad Ashraf. Neither we were called upon nor we decided the right of the District Magistrate with regard to its realisation from Mohammad Ashraf. 8. Subject to the above, the writ petition is allowed. No order as to costs. Stay order is vacated.