Petitioner a grantee of leasehold rights in respect of

fishing activity, is knocking at the doors of Writ Court for

assailing two orders dated 13.06.2022 (Annexure-F) and

31.05.2022 (Annexure-G) whereby the fishing lease has

been cut short for not paying the amount due thereunder

within the stipulated time. Learned AGA appearing for the

respondents opposes the petition contending that such

matters are contractual in nature; lease being an extended

contract, the Writ Court should not grant indulgence. He

vehemently submits that the Writ Court cannot rewrite the

contract between two parties in the absence of statutory

enablement like the one availing under the provisions of

Industrial Disputes Act, 1947, having so contending, he

seeks dismissal of the Writ Petition.

3

2.

Having heard the learned counsel for the parties

and having perused the Petition Papers, this Court declines

indulgence in the matter broadly agreeing with the

submission of learned AGA that in the absence of any

instrument of law being pointed out which enables the Writ

Court to rewrite the contractual arrangement of the kind,

ordinarily, no indulgence can be granted. Admittedly, the

amount has not been remitted in time and its effect is the

termination of the lease in question, in terms thereof. In

such matters, the Writ Courts are ill-suited to grant

indulgence.

In the above circumstances, this Writ Petition is

dismissed.

This order shall not come in the way of petitioner

participating in fresh tenders if he is otherwise eligible.

Costs made easy.

Sd/-

JUDGE

cbc