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2002 Supreme(All) 400

YATINDRA SINGH
GULAB – Appellant
Versus
BOARD OF REVENUE – Respondent


Advocates Appeared:
Anil Kumar Aditya, ANUJ KUMAR, SURESH CHANDRA, Verma Raj Kishore Yadav

YATINDRA SINGH, J.

( 1 ) A public auction for grant of fisheries rights for ten years was held on 10th September. 1990 in respect of a pond in old Khasra Nos. 1439. 1617 and 1624 (area about 6 acres) situate in village Khajuriwala, District Saharanpur. Sri Shyam Sunder (the contesting respondent) was successful bidder in this auction. Sub-Divisional Magistrate, Deoband, Saharanpur (S. D. M.)granted approval to this auction on 16th November, 1990 but the registered lease deed in respect of the same was executed on 21st April. 1994. In this lease deed, it was mentioned that it was for a period of ten years from 16. 11. 1990 to 15. 11. 2000.

( 2 ) THE contesting respondent filed an application dated 6. 12. 1995 for extension of this period on the ground that he was not permitted to exercise fishers rights till execution of the lease deed and prayed that the period of the lease be extended to 20. 4. 2004 to make it ten years from the date of execution. This application was dismissed by the s. D. M. on 17th September. 1998. The S. D. M. held : * R. K. Office (Record Keeper Office) was negligent in not getting the lease deed executed. * In future lease deeds be executed within 15 days. *

















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