GULAB Vs. BOARD OF REVENUE

JUDGEMENT

(1.) A public auction for grant of fisheries rights for ten years was held on 10th September. 1990 in respect of a pond in old Khasra Nos. 1439. 1617 and 1624 (area about 6 acres) situate in village Khajuriwala, District Saharanpur. Sri Shyam Sunder (the contesting respondent) was successful bidder in this auction. Sub -Divisional Magistrate, Deoband, Saharanpur (S.D.M.) granted approval to this auction on 16th November, 1990 but the registered lease deed in respect of the same was executed on 21st April. 1994. In this lease deed, it was mentioned that it was for a period of ten years from 16.11.1990 to 15.11.2000.

(2.) THE contesting respondent filed an application dated 6.12.1995 for extension of this period on the ground that he was not permitted to exercise fishers rights till execution of the lease deed and prayed that the period of the lease be extended to 20.4.2004 to make it ten years from the date of execution. This application was dismissed by the S.D.M. on 17th September. 1998. The S.D.M. held : * R.K. Office (Record Keeper Office) was negligent in not getting the lease deed executed. * In future lease deeds be executed within 15 days. * The term of lease deed cannot be varied. * The contesting respondent cannot be given ten years lease from the date of execution of lease deed.

(3.) GAON Sabha, Khajuriwala, District Saharanpur (Gaon Sabha) filed an application on 10th October, 2000 to cancel the order dated 7.2.2000. The S.D.M., by his order -dated 1.11.2000 cancelled his earlier order dated 7.2.2000 on the ground that term of lease cannot be varied. The contesting respondent filed a revision against the aforesaid order before Board of Revenue and obtained an interim order on 28.11.2000 staying the order dated 1.11.2000. During this period, the Gaon Sabha held fresh auction on 16th November, 2000 ; it was taken by Sri Gulab (the petitioner). Despite the stay order granted by the Board of Revenue, the auction was approved by the S.D.M., on 29.11.2000 and lease deed was executed in favour of petitioner on 8.12.2000 (registered on 20.12.2000). The Board of Revenue, after hearingthe petitioner, allowed the revision on 11.2.2002 holding that. * The contesting respondent is entitled to exercise fishers rights for 10 years. * He was only permitted to exercise it from the date of execution of the lease deed. * He should be permitted to exercise fisheries rights till 20.4.2004. Hence, the present writ petition.