Court No. - 37
Case :- WRIT - C No. - 26959 of 2018 Petitioner :- Arun Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ravindra Nath Yadav,Akhilesh Kumar Yadav Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Siddhartha Varma,J.
Heard Sri R.N. Yadav, learned counsel for the petitioner and Sri Amarnath Tiwari, learned counsel for the respondent no. 5.
Lease was granted in favour of the petitioner's father on 07.08.2009 for a period of ten years which would have expired on 06.08.2019. In the meantime, after the petitioner's father died since the lease was inheritable, the petitioner started off with the fishing work. However, when the lease was granted to the respondent no. 5 Chandan Kumar, the petitioner filed the instant writ petition.
From the record of the connected writ petition no. 27341 of 2018 it appears that upon a complaint made by the petitioner Arun Kumar an interim order was passed by the Sub-Divisional Officer by which the respondent no. 5 in this writ petition has been restrained from operating the pond. The petitioner in this writ petition, however, is aggrieved by the auction proceedings which resulted in the lease being given to the respondent no. 5. He has submitted that when the lease was inherited by him then he should have been allowed to continue to operate the pond till 06.08.2019.
Sri A.N. Tiwari, learned counsel for the respondent no. 5 has very fairly conceded that when the lease rights were inheritable then the petitioner Arun Kumar should have continued to fish from the pond as a lessee.
Under such circumstances, the lease which has been made in favour of the respondent no. 5 on 07.10.2017 and operation of which was stayed by an order of 21.05.2018 is being held to be invalid and the petitioner shall now continue to fish from the pond in question till 06.08.2019. After 06.08.2019 the lease rights shall be re-auctioned again.
Whatever deposit etc. the respondent no. 5 has made be returned to him. When the lease rights are re-auctioned the petitioner and the respondent no. 5 will also have a right to participate in the auction.
The writ petition is, accordingly, disposed of.
Order Date :- 20.12.2018 Mohit Kushwaha