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2025 DAILYLAW 105671 (ALL)

MANGAL JEET YADAV v. STATE OF U.P. AND 4 OTHERS

WRIC/35583/2024 · 2025-02-26

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27555 Court No. - 34 Case :- WRIT - C No. - 35583 of 2024 Petitioner :- Mangal Jeet Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nikhil Kumar,Pritam Kumar Singh Patel Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed for the following relief: "a) issue a writ, order or direction in the nature of certiorari calling for the record of the case and quashing the Notice dated 30.08.2024 issued by the respondent no.3 in local daily dated 31.08.2024 only regarding auction of Gata no. 545 area 1.090 hectare situate in village Bairadeeh urf Ghambirpur (Annexure-1 to the Writ Petition). (b) issue a writ, order or direction in the nature of mandamus restraining the respondent no.3 from allotting the gata no. 545 area 1.090 hectare situate in village Bairadeeh urf Ghambirpur pursuant to auction dated 25.09.2024 to any person." 3. By means of this writ petition, the petitioner has challenged the notice dated 30.08.2024 issued by respondent No. 3 for auctioning the pond. According to the petitioner, the pond in question belongs to the petitioner and therefore, no fisheries rights can be given in the same. The petitioner has filed his objection to the notice dated 30.08.2024 on 19.09.2024 on which the Sub-Divisional Magistrate has directed the Tehsildar to submit a report. It has been submitted by learned counsel for the petitioner that despite the objections filed by the petitioner, the same have not been decided and the lease has been finalized, though yet not been given effect to. 4. Since there is serious dispute as to the ownership of the property in dispute, it would be appropriate that the Collector, District Azamgarh shall decide the dispute as to the ownership of the land in question, expeditiously, preferably within a period of two months from the date of production of a certified copy of this order, after hearing all the concerned parties and giving a reasonable opportunity to all the parties of leading evidence in respect of their claim. 5. Till the disposal of objections of the petitioner, fishery lease granted shall not be given effect to. Order Date :- 27.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad