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Mohd. Yaseen v. State Of U.P. & Others - WRIT - C No. 53598 of 2005 [2005] RD-AH 1824 (4 August 2005)


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Court No.40

Civil Misc. Writ Petition No.53598 of 2005

Mohd. Yaseen .............Petitioner


State of U.P. and others ..........Respondents

Hon. S.N. Srivastava, J.

Heard learned counsel for the petitioner as well as learned Standing Counsel and perused the record.

The dispute relates to settlement of Pond No.3626, area 5.10 acre situated in Nagar Panchayat Koraon, District Allahabad.  

From perusal of the record, it transpires that Pond in question was settled in favour of petitioner for a period of ten years on 5th August, 1995 which has now expired.  

Learned counsel for the petitioner urged that for renewal of fisheries lease of the Pond in question, petitioner has already submitted an application to the District Magistrate, Allahabad which is pending.  

The matter of settlement of  fisheries lease was considered by the Full Bench of this Court in the judgment reported in 2004 (96) RD 645, Feru Vs. State of U.P. and others wherein it has been held that after expiry of term, fisheries lease  could be settled by public auction only.

The auction of the Pond in question for fisheries lease shall take place in terms of the law laid down by this Court in the judgment reported in 2005 (98) RD 361, Shyam Kunwar and others Vs. State of U.P. and others, relevant paragraph of which is being reproduced below:-

"In Babban Ram V. State, 2004, RD 675, I had directed that fisheries lease shall normally be granted at the rate of Rs.10,000/- per hectare per year, however, as stated above the said amount has been found to be on the lower side.  Accordingly, it is directed that in future all the Deputy Collectors shall make efforts to grant fisheries lease for Rs.20,000/- per hectare per year unless there are special reasons for granting the same for lesser amount in which eventuality reasons must be given while granting the lease.  If at the time of auction Deputy Collectors take special interest then rent may easily be enhanced.  In several cases the Court has found that on the mere suggestion of the Court parties agree to enhance the rent by several times."

In view of the law laid down by this Court as above, no mandamus could be issued in favour of petitioner for renewal of fisheries lease, however, in the facts and circumstances of the case, I direct Opp. Party nos. 2 to 5 to initiate proceedings for settlement of fisheries rights of the Pond in question by public auction after circulation of notice for public auction of the Pond in question in two local news papers having wide circulation in Allahabad as well as by other modes and permitting eligible persons to participate in the auction proceedings within three weeks' from the date of production of certified copy of this order.

With above directions, writ petition is disposed of.




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