HC upholds Commr’s order on lease renewal

Source: The Hitavada      Date: 10 Oct 2017 10:48:56


 

Legal Correspondent,

In the matter related to appellant challenging the decision of the Divisional Commissioner, Rewa, rejecting the claim of appellant for granting of lease for fishing remained unsuccessful. The division bench of the Madhya Pradesh High Court comprising Chief Justice Hemant Gupta and Justice Vijay Kumar Shukla has said that “In view thereof, we do not find any error in the order passed by the single bench, which may warrant interference of this court in this intra-court appeal. The same is dismissed”.


The division bench has heard the writ appeal filed by Adivasi Matsya Palan Sahakari Samiti Marayadit challenge in the present appeal is to an order passed by the learned Single Bench on June 28, 2016 in Writ Petition, whereby the writ petition filed by the appellant challenging the decision of the Commissioner dated on May 10, 2014 rejecting the claim of the appellant for grant of lease for fishing remained unsuccessful. The applications for grant of fishing lease for ten years were invited.

The last date of submission of the application was February 28, 2013. The Collector vide his letter dated on December 24, 2013 recommended for grant of lease for 10 years to the appellant, but in an appeal, the Commissioner found that the election of the Managing Committee was not conducted and therefore, R S Gupta, Cooperative Inspector, was appointed as Prescribed Authority for managing the affairs of the appellant-society. He continued to discharge his duties as Prescribed Authority till March 19, 2013 but no application was submitted by the appellant through Prescribed Authority for grant of lease within time prescribed.

Therefore, the recommendation of the Collector to grant lease in favour of the appellant is not sustainable as there was no any application within the time prescribed for grant of fishing lease.


Single Bench dismissed the writ petition for the reason that the affairs of the society was managed by the Prescribed Authority, who did not apply for grant of fishing lease within the cut-off date i.e. February 28, 2013. Therefore, there is no illegality in the decision taken by the Commissioner. We have heard counsel for the parties and find no error in the order passed by the Single Bench. The last date of submission of the application for grant of fishing lease was February 28, 2013. The affairs of the appellant society were being managed by the Prescribed Authority in the absence of the elected body.

Such Prescribed Authority had not applied for grant of fishing lease on behalf of the appellant within the period prescribed. Thus, the appellant-society has no right to claim lease for 10 years on account of its failure to apply for lease within the time prescribed. In view thereof, we do not find any error in the order passed by the leased Single Bench, which may warrant interference of this Court in this intra-court appeal. The same is dismissed, the division bench said.