Court No. - 39
Case :- WRIT - C No. - 19789 of 2021 Petitioner :- Siddharth Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
By means of instant petition, the petitioner has assailed a demand notice issued on 03.07.2021 by the respondent no.4, Assistant Director Fisheries, Bijnor, calling upon the petitioner to deposit first instalment of lease amount of second year by 15.08.2021 so that the conditions of the contract are not violated.
There is an agreement between the petitioner and the fisheries department conferring fishery right in favour of the petitioner in respect of certain pond land for the period 27.07.2020 to 30.06.2030. The case of the petitioner is that he has duly paid the lease rent for the first year. The first instalment of lease rent of the second year could not be paid as the petitioner could not carry on fishing activities on account of Covid-19 pandemic. The submission is that the respondent should waive the realization of lease amount for the second year.
Sri R.K. Ojha, learned Senior Counsel appearing on behalf of the petitioner has placed reliance on an order said to have been passed by the State of Uttarakhand granting certain concession in similar circumstances.
In our considered opinion, the issue relating to grant of concession or waiver of lease rent amount, is matter of policy for which the petitioner has to approach the concerned respondent.
Accordingly, we grant liberty to the petitioner to represent his cause before the concerned respondent.
It is provided that in the event, any such representation is made along with true attested copy of the instant order, the same shall be considered and decided in accordance with law expeditiously, preferably, within four weeks.
The petition stands disposed of, accordingly.
(Deepak Verma,J.) (Manoj Kumar Gupta,J.) Order Date :- 24.8.2021/Meenu