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RAJAN ROY, RAVI NATH TILHARI
Popai – Appellant
Versus
State of U. P. Thru. Prin. Secy. Revenue Lko. – Respondent
JUDGMENT :
1. Heard Sri Kaushal Kishore, learned counsel for the petitioner and learned Standing Counsel for the State-opposite party nos. 1 to 3 and Sri Mohan Singh, learned counsel for the opposite party no. 4.
2. This writ petition has been filed with the following main relief:-
3. Facts of the case are that the petitioner was granted lease of fishing rights in pond bearing Gata No. 2041 admeasuring 1.520 hectares situated at village-Kushfar, Pargana-Dariyabad, Tehsil Ram Sanehighat, District Barabanki, which was approved by the Sub-Divisional Magistrate on 18.07.2016. The lease deed in RC form 15 was executed for a period of five years w.e.f. 18.07.2016 upto 17.07.2021 and was registered on 14.03.2017.
4. Rule 57 (12) of the Uttar Pradesh Revenue Code Rules, 201
Point of law: provisions of Rule 57(8) of the Rules, 2016 are ultra vires Article 21 of the Constitution is concerned, that is completely misconceived because fishery lease is obtained not merely to ....
Government fisheries leases must comply with established administrative procedures; failure to do so may render leases invalid, necessitating proper steps to settle fisheries according to law.
Court affirmed that without a valid lease, petitioners are not entitled to fisheries rights, allowing for ejectment and damages under the U.P. Revenue Code, 2006.
Legislative amendments are generally prospective unless explicitly stated otherwise, and the executive cannot alter legislative provisions without proper authority.
Point of Law : Decision of the administrative authority vested with the discretionary power under a statute must have to be within the four corners of the law.
Asami leases under U.P. Zamindari Abolition and Land Reforms Act automatically terminate after five years, allowing eviction without a suit under Section 202.
Point of law: Any order passed in appeal under Rule 59 is subject to the revisional powers under Section 210. There is no mention of any appeal against an order of cancellation of lease under Rule 57....
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