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2023 DIGILAW 1354 (ALL)

Virendra Kumar v. State Of U. P.

2023-05-18

SYED QAMAR HASAN RIZVI

body2023
JUDGMENT : Syed Qamar Hasan Rizvi, J. 1. Heard Sri Ved Prakash Shukla, learned counsel for the petitioner, Sri Ashok Kumar Gupta, learned standing counsel for the State-respondent nos. 1 to 4, Sri Pankaj Kumar Gupta, learned counsel appearing for the respondent no. 5 and perused the record. 2. By means of the present writ petition the petitioner has prayed for the following relief: "A) A writ order or direction in the nature of mandamus directing the respondent nos. 3 & 4 to consider the application of the petitioner sympathetically and he may be permitted to take out the fishes from the pond situated in village Odwara, having no. 351-Kha, District Basti, before commencement of Rainy Season. (B) Issue any other order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case. (C) Award the cost of the writ petition to the petitioner. (D) A writ order or direction in the nature of certiorari quashing the order/notice dated 27.3.2023 asking the petitioner to deposit remaining amount of Rs. 5,50,000/-. E) A writ order or direction in the nature of mandamus directing the respondents not to give effect the notice/order dated 27.3.2023." 3. After arguing the case at some length, learned counsel for the petitioner submits that he is pressing only the relief no. (A) and he does not want to press the other reliefs. Accordingly, the controversy involved in the present writ petition is confined only to the extent that the petitioner be permitted to take out fishes from the pond bearing Gata No. 351-Kha measuring area 0.914 hectare situated in Village-Odwara, Tehsil-Sadar, District-Basti before rainy seasons. 4. Counsel for the petitioner submits that due to pandemic Covid-19 lockdown was imposed by the Government of India in the Country, due to which the market was closed and the petitioner could not get the fishes out from the pond and could not sale the fishes in the market and fell into financial crisis. 5. Learned counsel for the petitioner has also contended that as per lease agreement dated 24.1.2013, One Lakh One Thousand rupees (Rs. 10,1000/-) was to be deposited every year before the 30th June, but due to the lockdown declared on account of pandemic Covid-19, he could not deposit the money within time. 5. Learned counsel for the petitioner has also contended that as per lease agreement dated 24.1.2013, One Lakh One Thousand rupees (Rs. 10,1000/-) was to be deposited every year before the 30th June, but due to the lockdown declared on account of pandemic Covid-19, he could not deposit the money within time. Learned counsel for the petitioner further submits that petitioner submitted an application before the Tehsildar, Tehsil Sadar, District Basti seeking permission to take out fishes from the pond in question which has been rejected by the authority concerns. 6. Sri Pankaj Kumar Gupta, learned counsel appearing for the respondent no. 5 on the basis of written instructions dated 17.5.2023 received from the Tehsildar, Sadar submits that the allotment of the pond in question bearing Gata No. 351-Kh measuring area 0.914 hectare situated in Village-Odwara, Tehsil-Sadar, District Basti was made for the period of 10 years which was expired on 26.7.2022 and the date for the fresh auction of the pond has been fixed for 19.6.2023. He further submits that the petitioner has been served with a notice dated 27.3.2023 to deposit Rs. 50,5000/- (Five Lakhs Five Thousand rupees) as the arears. 7. During course of argument, on the basis of the aforesaid written instructions, Sri Pankaj Kumar Gupta, learned counsel appearing for the respondent-Gaon Sabha has placed a proposal that in case the petitioner deposits an amount of Rs. 84,166.00/- in addition to the earlier amount of Rs. 5,05,000/- as arrears i.e a total amount of Rs. 5,05,000/- + 84,166/- = 5,89,166/- through banker cheques or bank draft as security then he may take out the fishes from the pond in question. 8. Learned counsel for the petitioner agrees to the said proposal and expressed his willingness to pay the aforesaid amount of Rs. 5,89,166/- in two installments. He further submits that the first installment of half of the amount as aforesaid will be deposited within 15 days and the remaining amount will be deposited on or before 15.07.2023. 9. Learned counsel for the respondent no. 5 has raised no objection to the schedule of payment as prayed by the learned counsel for the respondent and submits that since the date for the fresh auction is fixed as 19.6.2023. Therefore, the petitioner may be directed to handover the possession of pond immediately after taking out the fishes from the pond. 10. 5 has raised no objection to the schedule of payment as prayed by the learned counsel for the respondent and submits that since the date for the fresh auction is fixed as 19.6.2023. Therefore, the petitioner may be directed to handover the possession of pond immediately after taking out the fishes from the pond. 10. In view of the above-mentioned facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping the writ petition pending and accordingly in order to meet the ends of justice, the present writ petition is disposed of with the following directions: (i) The petitioner shall deposit the entire amount of Rs. 5,89,166/- (Rupees Five Lakhs Eighty Nine Thousands One Hundred and Sixty Six) due to the revenue authorities in two installments. (ii) By way of first installment the petitioner shall deposit Rs. 2,94,583/- on or before 15.6.2023. (iii) On depositing the aforesaid amount of Rs. 2,94,583/-, the respondent revenue authorities shall permit the petitioner to remove the fishes put in by the petitioner, in the pond in question i.e. Plot No. 351-Kha measuring area 0.914 hectare situated in Village-Odwara, Tehsil-Sadar, District-Basti. (iv) The petitioner shall handover the physical possession of the pond in question to the revenue authorities on or before 1st July, 2023. (v) The remaining 50% balance amount i.e. Rs. 2,94,583/- shall be deposited by the petitioner as the next installment on or before 15th July, 2023. (vi) In case of default of any of the conditions as mentioned above, the parties to this writ petition shall not be entitled to get the benefit of the order. 11. It is also made clear that no further time shall be granted to the petitioner for the said purpose. 12. It is further clarified that granting time to the petitioner to take out the fishes from the Pond in question will not come in the way of the Collector, Basti to auction the Pond in question for grant of fresh fisheries lease, strictly in accordance with the provisions of Rule 57 of U.P. Revenue Code Rules, 2016 (framed under Section 61 of the U.P. Revenue Code, 2006). 13. Accordingly, the writ petition is disposed of in terms of the observations and directions made herein above.