JUDGMENT : R.A. Sharma, J. Sub Divisional Officer, Khaga, district Fatehpur, has granted Patta of the fishing rights in plot No. 580 (tank) situate in village Tuja Pargana Hathgaon Tahsil Khaga district Fatehpur, in favour of Kunwarwa son of Gaya Din, Respondent No. 2. Gaon Sabha Tuja, being aggrieved by the grant of the aforesaid Patta, has filed this writ petition for a writ of mandamus directing the Respondents not to interfere with the legal rights of the Petitioner in the land in dispute (plot No. 580-tank). 2. We have heard the learned Counsel for the Petitioner and the learned Standing Counsel. 3. Learned Counsel for the Petitioner has made two submissions; namely (i) the Sub Divisional Officer has no jurisdiction to grant Patta of the fisheries right in plot No. 580 (tank) of the Petitioner's village and (ii) in any case the Patta could not have been granted except by public auction. The learned standing counsel has disputed the aforesaid submissions and requested for dismissal of the writ petition. 4. The Government has been authorised, u/s 126 of U.P. Zamindari Abolition & Land Reforms Act (hereinafter referred to as the Act), to issue such orders and directions to the Land Management Committee, as may appear to be necessary for the purposes of the Act. By Sub-section (2) of the said Section duty has been cast on the Land Management Committee and its office bearer to carry out these orders and directions. Rule 115-A of the U.P. Zamindari Abolition and Land Reforms Rules (hereinafter referred to as the Rules) empowers the State Government to issue directions to the Land Management Committee from time to time on the matters mentioned therein. One of the matters, referred to in this rule on which Government can issue directions, relates to the functions of the Land Management Committee, as laid down in Section 28-B of the U.P. Panchayat Raj Act. Some of the functions of the Land Management Committee specified in Section 28-B of the U.P. Panchayat Raj Act are about the settling and management of the land and maintenance and development of the fisheries and tanks. Some of the functions of the Land Management Committee specified in Section 28-B of the U.P. Panchayat Raj Act are about the settling and management of the land and maintenance and development of the fisheries and tanks. In view of the provisions of Section 28-B of U.P. Panchayat Raj Act, Section 126 of the Act read with Rule 115-A, the State Government is competent to issue necessary directions for maintenance and development of fisheries and tanks as well as the settlement and management of the land. 5. Rule 115-S prohibits the grant of lease or licence in respect of any property vested in the Gaon Sabha, except by public auction held in accordance with the procedure laid down therein. However, last but one proviso, appended to the Rule 115-S (1) excludes the applicability of Rule 115-S in cases in which the State Government has issued directions u/s 126 of the Act read with Rules 115-A and 115--B This proviso being relevant is reproduced below: Provided that the provisions of this rule shall not apply to (i) cases of allotment of agricultural land and abadi sites covered by Rules 173 to 177 and 115-L to 115-R respectively and (ii) cases in which the State Government issue directions u/s 126 of the Act read with mile 115-A and 115-B. The Government has issued directions which are contained in Gaon Samaj Manual (Gaon Sabha and Bhumi Prabandhak Samiti Manual). Explanation-II appended to Rule 115-B lays down that the directions contained in Gaon Sabha Manual shall be deemed to be the directions issued under Rule 115-A. The relevant directions on the subject in question issued by the Government are contained in its order dated 22nd May, 1981, which is quoted in the aforesaid Manual. According to this order Pattas shall be given by the Sub Divisional Officer in consultation with the Land Management Committee. It has further been provided therein that if the Land Management Committee is unable to grant Patta or the Sub Divisional Officer is of the opinion that it is expedient to do so, he may grant Patta without consulting the Land Management Committee of the village. In view of the aforesaid directions by Government Rule 115--S will not apply and the grant of Patta will be made in accordance with those directions under which the Sub Divisional Officer has the power to grant Patta. In view of the aforesaid directions by Government Rule 115--S will not apply and the grant of Patta will be made in accordance with those directions under which the Sub Divisional Officer has the power to grant Patta. The first submission of the learned Counsel is to be rejected. 6. The second submission is also liable to be rejected. The Government order/directions dated 22nd May, 1981, mentioned herein before, do not provide for settlement of fisheries right by public auction. By Clause 2 of the said order provision has been made for grant of Patta in order of preference given therein, which is reproduced below: Patta shall be granted in order of preference given below; (i) Fisherman (Machua, Maheegeer, Kahar, Mallah etc.) of the village; (ii) Fisherman Co-operative society recognised by Fisheries Department; (iii) Persons having requisite technical training in fisheries; (iv) Other Co-operative Societies; (v) Persons of Scheduled Caste and Scheduled Tribe of the village. If there are more than one persons of one group, the Patta shall be granted by auction in favour of highest bidder. While laying down order of preference for the grant of Patta it has been provided that if there are more than one person of one. group the Patta shall be granted by auction in favour of the highest bidder. The normal rule laid down by aforesaid Government order is the grant of Patta by Sub Divisional Officer without any public auction, unless the case falls within the last part of Clause 2, which has provided for public auction, if there are more than one perron of one group. It my, however, be observed that though there is no statutory requirement requiring the Sub Divisional Officer to settle the land by auction, there is no prohibition either and if he is of the opinion that in view of the facts and circumstances of a particular case it will be expedient to grant the Patta of the fisheries right by means of public auction, he may do so. But if he has settled the fisheries by means other than the auction his order cannot be set-aside on the ground that he has not settled it by holding public auction. 7. But if he has settled the fisheries by means other than the auction his order cannot be set-aside on the ground that he has not settled it by holding public auction. 7. Learned Counsel for the Petitioner, in support of his submission, has relied upon a decision of the learned Single Judge of this Court in the case of Ali Raza v. Board of Revenue, 1990 RD 3, wherein it was held that the Sub Divisional Officer can grant lease only if he is satisfied that the land Management Committee is not able to grant it. The later part of the Government order dated 22-5-1991 which authorises the Sub Divisional Officer to settle Patta if he is of the opinion that it is expedient to do so, does not appear to have been considered by the learned Single Judge. This decision as such cannot be an authority for the proposition raised by the learned Counsel. Another decision relied upon by the learned Counsel for the Petitioner is the case of Kilodhar v. Additional District Magistrate, 1987 ALJ 590-This decision also cannot help the Petitioner. In that case settlement of fisheries by means of auction by Gaon Sabha was questioned before the Tahsildar, who set-aside the settlement and accepted the offer of the higher amount without taking recourse to the procedure of public auction. Tahsildar's order was set-aside by the Additional District Magistrate, who directed re-auctioning of fisheries right against which the writ petition was filed before this Court. This Court has declared the act of the Tahsildar of the settlement of Patta without auction, as illegal, in view of Rule 115-S. That was a case governed by Rule 115-S, where settlement by means of auction is necessary. In the instant case, the matter is not governed by Rule 115-S as it is covered by the directions issued by the State Government. 8. The writ petition lacks merit and is accordingly dismissed. In view of the facts and the circumstances of the case there shall be no order as to costs.