Court No. - 36 Case :- WRIT - C No. - 41515 of 2010 Petitioner :- Zahiruddin Respondent :- State Of U.P. And Others Petitioner Counsel :- A.K. Trivedi,Onkar Singh Respondent Counsel :- C.S.C.,D.D. Chauhan Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the petitioner, Sri D.D. Chauhan,
learned Advocate who appeared for the Gaon Sabha and
learned Standing Counsel.
Submission is that petitioner has been granted lease for
fishery rights for the year 2005-2015.
Submission is that although petitioner was given lease deed
but there was large number of occupants who took
possession over the portion of the pond and therefore,
petitioner could not carry out fishery work.
For this grievance he approached the district authorities but
with no results.
Now there is demand notice issued by the Tahsil authorities
about the amount which is not to be deposited towards
lease rent.
Submission of the learned counsel for the petitioner is that
he is ready to pay the amount towards lease rent/instalment
provided the illegal occupation of large number of occupants
be removed.
So far illegal occupation of large number of persons is
concerned that is a matter of adjudication which we are not
to undertake.
However, on the facts we can just observe that if petitioner
files certified copy of this order alongwith fresh
representation for redressal of his grievance about illegal
encroachment and removal of large number of persons over
the pond in question then that will be looked into and
appropriate decision in accordance with law after giving
opportunity to them may be taken by the district
administration within shortest possible time.
Otherwise also it goes without saying that so far ponds are
concerned it has also been said by the Apex Court that
ponds are to be cleaned.
For this reason, so far area of pond is concerned that is
recorded in the records that is to be cleared in accordance
with law as said by the general directions issued by the Apex
Court in case of Hinch Lal and reiterated by this court also
from time to time..
However, as petitioner states that he is ready to pay the
amount towards instalemnt of lease rent he is permitted to
deposit the same subject to his rights in respect to the pond.
With the aforesaid directions, this petition stands disposed
of.
Order Date :- 20.7.2010
M.A.A.