RAMANAND Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Mohan Singh, learned counsel for petitioner, Sri Yogendra Nath Yadav, learned counsel for Gaon Sabha, respondent No.5 and learned standing counsel for respondents No.1 to 4. Even though the case was taken up in the revised list, Sri D.P. Singh, learned counsel for respondent No.6, Mohd. Shakir Khan did not appear. Orders dated 05.09.2013 passed on the writ petition and dated 25.11.2013 passed on the order sheet are quoted below:

(2.) MATTER relates to grant of fisheries lease in respect of pond comprised in plot No.71 -M, area 0.670 hectares situate in village Salempur Pargana Shahar Shumali Tehsil Shahbad, District Hardoi. Pursuant to the general directions issued in Ram Kumar Vs. State, 2009 (107) RD 557 to the effect that those fisheries pattas which had been allotted for less than Rs.10,000/ - per hectare per year should be cancelled unless the lessee agrees to pay the rent at the said rate, petitioner's patta was cancelled by Deputy D.M. Shahabad, District Hardoi through order dated 23.06.2011, copy of which is Annexure -2 to the writ petition. In the said order, it is mentioned that notice had been issued to the petitioner on 27.07.2010 and pursuant thereto petitioner filed application and affidavit on 30.04.2011, however as the lessee/ petitioner had not deposited the balance amount, hence patta was cancelled and it was directed that the amount of Rs.13150/ - should be recovered from him like arrears of land revenue.

(3.) THE fact that petitioner had deposited the said amount is admitted in para -9 of the counter affidavit. Accordingly, impugned orders cannot be sustained. They are, therefore, quashed. Petitioner shall be permitted to operate the lease uptil 02.02.2018 provided that he pays rent/ lagan at the rate of Rs.6700/ - per year. The draft of Rs.26,800/ - as mentioned in the order dated 25.11.2013 (supra) shall be deposited by the petitioner before the Collector within two weeks from today failing which this order shall stand automatically recalled and writ petition shall stand dismissed. Before 19.02.2014 requisite amount of Rs.6700/ - for the next year should be deposited in the same manner. For every year uptil 02.02.2018, amount of Rs.6700/ - shall be deposited in advance failing which petitioner shall be evicted from the pond in dispute. However, in case petitioner does not deposit the draft within the aforesaid time, then respondent No.6 shall be handed over the possession of the pond in dispute otherwise petitioner may be permitted to operate the same and respondent No.6 shall not interfere in that right of the petitioner. Accordingly, writ petition is allowed as above.