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2015 DIGILAW 745 (ALL)

Krishna Kant Nisad v. State of U. P.

2015-04-08

RAN VIJAI SINGH

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JUDGMENT Ran Vijai Singh, J. Heard Sri Sachindra Mishra, learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents and Sri Diwakar Singh learned counsel for the Gaon Sabha. 2. This writ petition has been filed for issuing a writ of mandamus commanding the respondent no.2 to renew the lease of the petitioner of the pond at Plot No. 403A situated in Revenue Village Deeha, Tehsil Karchana, Allahabad. 3. It is contended that the petitioner has performed his fishery right over the aforesaid pond to the utter satisfaction of the authorities and in view of condition nos. 12 and 13 of the lease agreement ,the lease ought to have been renewed on the application of the petitioner which was made on 10.10.2014 as the period of lease for ten years has already been expired in February, 2014. 4. In the submission of the learned counsel for the petitioner neither the application of the petitioner has been considered nor any fresh settlement of lease of the aforesaid pond has been made. 5. Learned standing counsel appearing for the State as well as the learned counsel appearing for the Gaon Sabha submit that in view of the Full Bench decision of the this Court in Ram Kumar vs. State of U.P. reported in 2005 (99) R.D. 823 lease cannot be renewed and only course open to the authorities is to execute fresh lease for fishing purposes. I find substance in the submission of the learned standing counsel as well as the learned counsel appearing for the Gaon Sabha. The prayer made by the petitioner cannot be granted in view of the law laid down by the Full Bench decision of the this Court in Ram Kumar (supra) wherein this Court has held that fishery lease cannot be renewed. 6. At the last learned counsel for the petitioner submits that since the period of the lease has already been expired in February, 2014 and the authorities are sitting tight due to which there is loss of public exchequer, therefore a direction be issued to the authorities to initiate proceeding for settlement of fresh lease. There appears to be substance in the submission of the learned counsel for the petitioner. There appears to be substance in the submission of the learned counsel for the petitioner. Considering the facts and circumstances of the case it is provided that the Sub Divisional Officer shall initiate proceeding for settlement of lease of the pond situated over Plot No. 403A Revenue Village Deeha, Tehsil Karchana, Allahabad and conclude the same within a period of four months from the date of production of a certified copy of the order of this Court. Learned standing counsel as well learned counsel for the Gaon Sabha are directed to communicate this order to the Sub Divisional Magistrate, Karchana, Allahabad. With the aforesaid observation/direction the writ petition is disposed of.