Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 105870 (ALL)

RAM DAYAL SINGH v. State of UP AND 3 OTHERS

WRIC/36275/2024 · 2025-02-18

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:24154 Court No. - 34 Case :- WRIT - C No. - 36275 of 2024 Petitioner :- Ram Dayal Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Dhiraj Singh,Saurabh Pandey Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant petition has been filed for the following relief: "a. Issue a writ, order or direction in the nature of certiorari quashing the fisheries allotment dated 20.06.2023 & the order dated 23.09.2024 passed on the application of the petitioner, passed by Sub Divisional Magistrate, Tehsil- Barhaj, District-Deoria/respondent no. 2." 3. The petitioner is aggrieved by an order by which the fishery lease has been granted to the respondent no.4. 4. Learned Standing Counsel has raised a preliminary objection that the petitioner can file an appeal under Rule 59 of the U.P. Revenue Code Rules, 2016. 5. Learned counsel for the petitioner has submitted that in view of Sub-rule 8 of Rule 57 read with Section 189 and 190 of the U.P. Revenue Code, 2006, 1/4th amount has to be deposited on the same day and the remaining 3/4th amount has to be deposited within fifteen days and in this case, the said deposit has not been made by the respondent no.4 within time the lease in favour of the respondent no.4 will be void. 6. Be that as it may, the writ petition is disposed of with liberty to the petitioner to avail the remedy of appeal as provided under Rule 59 of the U.P. Revenue Code Rules, 2016. In case, the appeal is filed within ten days, the same shall be considered and decided on merits and the District Magistrate is directed to decide the appeal expeditiously preferably within a period of three months from the date of production of certified copy of this order after providing opportunity of hearing to all the concerned parties keeping in view the provisions of Sub-Rule 8 of Rule 57 read with Section 189 and 190 of the U.P. Revenue Code, 2006. Order Date :- 19.2.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad