NITHURI Vs. IV ADDITIONAL DISTRICT JUDGE DEORIA

JUDGEMENT

(1.) THE short question that arises for consideration in this petition is if the requirement of approval by Collector of lease granted for fishing in tank under paragraph 62 of Gaon Sabha Manual is applicable to leases granted by Sub-Divisional Magistrate as well.

(2.) IT is not disputed that since 1981 Sub-Divisional Magistrates have also been empowered to grant lease for fishing even in those tanks which were not auctioned earlier. Prior to 1981 paragraph 62 of the Gaon Sabha Manual authorised the Land Management to grant leases in such tanks subject to fulfilment of two conditions. One an unanimous resolution by Land Management; second its approval by Collector. In 1981 a further paragraph was added by GO No. 400/XIII-1(3) 77 dated 22nd May, 1981 empowering Sub-Divisional Magistrate also to exercise this power in cases where Land Management was not able to grant it for some reasons and he considers it necessary to make such arrangement.