Point of law: The expression "mutatis mutandis" itself implies applicability of any provision with necessary changes in points of detail. The rules which are adopted, make the principles embodied in the rules applicable and not the details pertaining to particular authority or things of that nature - While applying Rule 57 to the lease of bigger tanks by virtue of Rule 58 (2), the procedure under Rule 57 shall be applicable with necessary changes in points of detail, such as, the area as mentioned therein shall be read as the area of bigger tanks

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:-

"i. issue a writ, order or direction in the nature of mandamus commanding/directing the opposite parties concerned to mandate for conferring the benefit of enjoyment of Fisheries lease from five years to ten years to the petitioner considering the date of registration as accrual of rights in favour of petitioner alongwith social justice in the light of notification dated October 20, 2016 substituted earlier Notification."

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, 2016 (hereinafter referred to as 'the Rules, 2016') was substituted vide notification No. 1364/1-1-2016-20(8)-2016 dated 20.10.2016 published in the Uttar Pradesh gazette on the same date, by which it was provided that every such lease (fisheries lease) shall be executed for a period of ten years and the same shall not be renewed or extended. The petitioner filed an application requesting the Sub Divisional Officer concerned to change the period of lease from five years to ten years in view of substituted Rule 57(12), as his lease was registered on 14.03.2017. Prior to this substitution, the period of lease was only five years. Petitioner was granted lease for a period of five years as the lease was granted under sub-Rule 12, as it was existing on that date i.e. prior to its substitution.

5. The petitioner's counsel submits that the date of registration of the petitioner's lease being 14.03.2017 i.e. after the amendment of sub-Rule (12) of Rule 57, the petitioner is entitled to continue for a period of ten years, as it is the date of registration which is relevant and not the date of approval of fishery lease by the Sub Divisional Officer. He further submits that in the case of one Hanuman Prasad, the lease has been granted for ten years, although, in his case also, the lease deed was registered after the amended Rule 57(12) came into force, for which benefit the petitioner is also entitled.

6. Learned Standing Counsel submits that the amendment came into force on 20.10.2016, whereas the lease was granted under the unamended Rule, under which the period of lease was five years. He further pointed out that in the case of Hanuman Prasad, approval by the Sub Divisional Officer was granted on 02.11.2016, after the amended Rule 57(12) came into force.

7. We have considered the submissions advanced by learned counsel for the parties and perused the material on record.

8. There is no dispute that the lease was granted on 18.07.2016 for a period of five years and it was registered on 14.03.2017. The only question is applicability of substituted Rule 57 (12) of the Rules, 2016 to a lease approved before the commencement of substituted Rule but lease deed registered after it.

9. The management of village tanks is provided by Section 61 of the Uttar Pradesh Revenue Code, 2006, which provides as under:-

61. Management of village tanks.-Where a tank in any village is entrusted or deemed to be entrusted to any Gram Panchayat under section 59, then, notwithstanding anything contained in any contract or grant or any law for the time being in force, its management by such Gram Panchayat shall be regulated by the following conditions, namely:-

(a) where the area of the tank measures 0.5 acre or less, it shall be reserved for public use by the inhabitants of the village;

(