1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.3055/2010 AND WRIT PETITION NO.3056/2010 -------------------------------------------------------------------------------------------------------------------------------- WRIT PETITION NO.3055/2010 Petitioner :- Afsar Hussain Zaidi, aged Major, Occupation : Business, Resident of 11/A/3, A-1, Taj Cooperative Housing Society, Amrut Nagar, Jogeshwari (S), Mumbai. ...Versus... Respondents :- 1. The State of Maharashtra, through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai – 32. 2. Maharashtra Fisheries Development Corporation Limited (Government of Maharashtra Undertaking), having its registered office at NKM International House, 3rd Floor, 178, Backbay Reclamation, Babubhai M. Chenai Marg, Mumbai, through its Managing Director Shri Shivajirao Daund. ---------------------------------------------------------------------------------------------------------------------------------- WRIT PETITION NO.3056/2010 Petitioner :- Afsar Hussain Zaidi, aged Major, Occupation : Business, Resident of 11/A/3, A-1, Taj Cooperative Housing Society, Amrut Nagar, Jogeshwari (S), Mumbai. ...Versus... Respondents :- 1. The State of Maharashtra, through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai – 32. 2. Maharashtra Fisheries Development Corporation Limited (Government of Maharashtra Undertaking), having its registered office at NKM International House, 3rd Floor, 178, Backbay Reclamation, Babubhai M. Chenai Marg, Mumbai, through its Managing Director Shri Shivajirao Daund. 2 --------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------- [Shri S.P. Bhandarkar, Adv. for petitioner] CORAM:- S.A. BOBDE AND A.B. CHAUDHARI, JJ. DATED :- 13.07.2010 The only prayer made by the learned Counsel for the petitioner in these petitions is that the petitioner's security money should be adjusted against the lease money payable by the respondent for the last year in respect of the lease of tank for fishing. Learned Counsel for the petitioner in both petitions relies on the provisions in the Government Resolution dated 19.4.1976, which are reproduced below. “a) Lease period of tanks leased out by the Fisheries Department should be extended by one more year without charging any lease money for the extended period of one year. Similar measures may be recommended by the Director of Fisheries to Zilla Parishads, Gram Panchayats and municipal Committees in case of the tanks in their charge. b) In case the parties affected due to these calamities have been extended loan by the Fisheries Department for any aspect of development of fisheries, the recovery of loan should be stayed for one year and interest for that one year is not to be charged. c) The lease amount if already paid before drought conditions or flooding it may be refunded to the leases lease money for the following year should be recovered at the end of that year. This condition should be binding in case of tanks owned by Government Departments, Zilla Parishads and Local Bodies.” 3 We find that none of the provisions in the Government Resolution dated 19.4.1976 permit such adjustment. Indeed, if such adjustment is permitted, the tank would be operated without any security, which is not in the public interest. Hence, both Writ Petitions are rejected. JUDGE JUDGE SSW