SUBHASH DHAKA Vs. GOAN SABHA

JUDGEMENT

(1.) D. K. Seth, J. The petitioner was granted lease in respect of tank fishery with the right of fishing for a period of 10 years ending 19-7-97. Clause 12 of lease agreement stipulates that in case the con duct of the lessee is found good then his case may be considered for grant of further lease for a period of 10 years.

(2.) BY an order dated 22-3-94, con tained as Annexure 5 to the writ petition, the Agricultural Development Commis sioner had pointed out that tank fisheries should be leased out only to the persons belonging to the fishing community. Sub sequently a Government Order dated 17-10-95, contained as Annexure 6 to the writ petition, was also issued to the effect that grant of fishing right has been restricted to fishermen community of the society. The petitioner apprehends that by reason of such orders, the petitioner's case may not be considered for the purpose of renewal.

(3.) FOR the development of certain community which are found weaker in the society, certain protection have been granted in the form of Government Or ders which cannot be thrown away only on the ground that the same are contrary to the right which might be available on cer tain conditions to an individual upon con sideration of his case under the statute when such rights are not absolute in defeasible right. Then again such protec tion is not contrary to the provisions of the statute inasmuch as the fishing is done by the fishing community and if they are al lowed to be displaced by better financial resourced persons that may work against the interest of the weaker section of the society. The Constitution provides in Ar ticle 46 a duty upon the State for protec tion and development of the weaker sec tion of the Society. Therefore, I do not find any reason that the impugned orders are to be struck down by the reasons advanced in the arguments made by the learned Counsel for the petitioner.