RAMANAND Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Heard the counsel for the petitioner, Sri Rishikant Rai, Advocate holding brief of Sri Shailendra Sharma, the counsel for the respondent no. 5 and the Standing Counsel representing the respondent nos. 1 to 4.

(2.) The counsel for the parties agree that the writ petition may be finally decided on the basis of facts stated and the documents annexed with the writ petition itself and no counter affidavit is required. In view of the aforesaid, the Court has proceeded to decide the case on merits.

(3.) The facts of the case are that the petitioner was granted fisheries lease on 10.03.2016 for a period of ten years. The area of the pond is 0.502 hectares. An agreement to that effect was also executed in favour of the petitioner after the petitioner deposited the requisite amount. Objections were filed before the Collector, Mau under Rule 59 of the Uttar Pradesh Revenue Code Rules, 2016 (hereinafter referred to as, 'Rules, 2016') challenging the allotment of fisheries lease to the petitioner on various grounds including that because the area of the pond was less than 5 hectares, therefore, the petitioner could not have been granted lease for a period of ten years. The other grounds raised in the objections related to the procedure adopted by the authorities regarding the allotment. Rule 57(12) of the Rules, 2016 as it stood on 10.03.2016 provided that fisheries lease for small tanks i.e., tanks whose area is less than 5 acres but more than .5 acres shall be executed for a period of 5 years and shall not be renewed or extended. The provisions were subsequently amended with effect from 20.10.2016 and under the amended provision fisheries lease shall be executed for a period of 10 years. However, the amendment is not relevant for adjudication of the present dispute as the fisheries lease was granted to the petitioner on 10.03.2016. The Collector vide his order dated 14.08.2017 cancelled the allotments made in favour of the petitioner on the ground that the allotment was contrary to Rule 57(12) of the Rules, 2016 as it stood on 10.03.2016 as no fisheries lease could have been executed for more than 5 years. Against the order dated 14.08.2017 passed by the Collector, Mau, the petitioner filed revision before the Commissioner, Azamgrah Division, Azamgarh which has been dismissed by the Commissioner vide his order dated 13.12.2019. The orders dated 14.08.2017 passed by the Collector and 13.12.2019 passed by the Commissioner have been challenged in the present writ petition.