LAWS(ALL)-2024-5-180

BINU DEVI Vs. STATE OF UTTAR PRADESH

Decided On May 06, 2024
Binu Devi Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel who appears for the State Respondents and Sri Dilip Kumar Pandey, learned counsel for the respondent no. 4.

(2.) This writ petition has been filed with the following main prayers:-

(3.) It is the case of the petitioner that her husband had taken fisheries lease over Gata No. 763 area 1.4700 hectare, situated at Village - Baheriya, Pargana-Godwa, Tehsil-Sandila, District- Hardoi on 3/1/2019. The lease deed was executed between the husband of the petitioner and the Revenue Authorities on 22/1/2019 for a period of ten years (3/1/2019 to 2/1/2019) and the said fisheries lease is also registered in the office of the Sub-Registrar, Sandila. The possession of the aforesaid pond was delivered to the petitioner's husband and he started do fishing therein, but he died unfortunately on 1/6/2022 leaving the petitioner and three sons & two daughters as dependents. The petitioner went to the office of the Sub-Divisional Magistrate, Hardoi for paying rent for the year 2023 but the concerned official has refused to accept the rent saying that the lease was allotted to her husband and after the death of the allottee, the lease is likely to be cancelled. The petitioner has approached the respondents no. 2 by sending an application on 1/4/2024 by registered post, but no heed has been paid, and therefore, this writ petition has been filed with the aforesaid prayers.