SUFIYAN ALI Vs. STATE OF U P

JUDGEMENT

(1.) LEARNED standing counsel has accepted notice on behalf of respondents 1 to 3 while notice on behalf of Gaon Sabha has been accepted by Sri R. N. Gupta.

(2.) THE main contention of the petition in this writ petition is that the petitioner was granted Patta for fishing rights on 12-12-86 which according to the petitioner will expire on 11-12-96 but inadvertently in the patta itself instead of ten years, seven years was mentioned as a result of which the opposite parties are intend ing to grant patta in favour of some other person. Learned counsel for the petitioner has drawn the attention of this court to the provisions of Para 60 (2) (A) of the U. P. Gaon Sabha and Bhumi Prabandhak Samiti Manual which provides that the lease for tanks and ponds vested in the Gaon Sabha for fishry rights or growing singhara shall be given at yearly rent for a period of ten years and on the expiry of period of ten years the lease can still be given to the same lessee provided his conduct has been satisfactory. It has rightly been contended by the learned counsel for the petitioner that as the tenure of the patta is fit ten year. Accordingly to the aforesaid provision any entry inadvertently made in para six reducing the same to seven years would be of no avail and the petitioner shall have sought to continue fishing or growing singhara till the expiry of ten years.