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ALLAHABAD HIGH COURT
Shri Narayan Shukla, Ashok Pal Singh, JJ.
Malti Devi - Appellant
Versus
State of U.P. Through District Magistrate Balrampur & Another - Respondent
Writ Petition No. 7608 of 2015
Decided On : 24-02-2016
Mandamus - Fisheries Auction - Legal entitlement of widow to continue lease
Fact of the Case:
The petitioner sought a mandamus to allow her to continue fisheries works in a pond allotted to her deceased husband until the end of the lease period. The husband had obtained the lease through auction, but passed away, leaving the petitioner as the sole legal heir.
Finding of the Court:
The court found that the petitioner, as the widow and sole heir of the deceased auction holder, is entitled to continue with the lease for the remaining period as per the provisions of Section 108 of the Uttar Pradesh Revenue Code, 2006.
Issues: Entitlement of widow to continue lease after the death of the auction holder
Ratio Decidendi: The court relied on Section 108 of the Uttar Pradesh Revenue Code, 2006, which specifies the devolution of interest in the holding upon the death of the lease holder, and concluded that the petitioner is legally entitled to continue the lease.
Final Decision: The court issued a direction to the Sub Divisional Magistrate to consider the matter for renewal of lease in favor of the petitioner, acknowledging her legal entitlement as the sole heir.
The petitioner has prayed for issuance of a mandamus to the respondents to allow her to do the fisheries works in the pond situated at plot Khasra no.293Ka/M, area 0.821 hectare in village-Baram, Tehsil-Utraula, District-Balrampur, which was allotted in favour of her husband, for the remaining period of lease i.e. 11.12.2022.
2. Matter relates to fisheries auction. The pond was auctioned in favour of the petitioner's husband on 12.12.2012 for ten years. Accordingly the terms of contract shall expire on 11.12.2022. It has been submitted that the petitioner's husband, who was lease holder, died on 02.09.2014 leaving behind the petitioner, widow of the deceased and four minor children, therefore, the petitioner is only the legal heir to continue with the lease in terms of Section 108 of the Uttar Pradesh Revenue Code, 2006, which provides that "(1) subject to the provisions of section 107, where a bhumidhar or asami being a male dies, his interest in his holding shall devolve upon his heirs being the relatives specified in sub-section (2) in accordance with the following principles, namely:
(i) ..., (ii) ..., (iii) ..., (iv) ...
(2) The following relatives of the male bhumidhar or asami are heirs, subject to the provision of sub-section (1), namely:
(a) widow, and the male lineal descendants in the male line of descent per stirpes; provided that the widow and the son of a predeceased son how low-so-ever shall inherit per stirpes the share which would have devolved upon the predeceased son had he been alive:
(b) ..., (c) ..., (d) ..."
3. In view of the aforesaid facts as well as provisions of law, we are of the view that the petitioner being the sole heir of the deceased-auction holder is entitled to continue with the lease for the remaining period of lease, therefore, we hereby issue direction to the respondent no.2 i.e. Sub Divisional Magistrate, Utraula, District-Balrampur to consider the matter for renewal of lease in favour of the petitioner. The respondents are at liberty to verify the facts as have been submitted by the petitioner for the order.
4. With the aforesaid observations, the writ petition stands disposed of finally.
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