Neutral Citation No. - 2025:AHC:71521 Court No. - 7 Case :- WRIT - C No. - 37770 of 2024 Petitioner :- Devidin Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Ram Raksha Tiwari Counsel for Respondent :- Achal Singh,C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner, Sri Achal Singh, learned counsel for respondent no. 5 and learned Standing Counsel for the respondent-State. 2. The present writ petition has been filed with the following prayers :- "i) issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 30.09.2024 passed by Tehsildar, Tehsil Naraini, District Banda/Respondent no. 4. ii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to interfere in peaceful fish farming from the pond, which was grant to the petitioner, situated in Gata No. 137 Area about 1.2100 hectare in village-Arjunha, Tehsil-Naraini, District Banda." 3. Learned counsel for the petitioner submits that petitioner is the auction purchaser for the fishery rights and on 3.9.2024 auction has taken place in which the petitioner was the highest bidder and an amount of Rs. 14,000/- was deposited by the petitioner on 3.9.2024. However on 30.9.2024 the auction was not accepted by the Tehsildar concerned. Learned counsel for the petitioner further submits that petitioner has already deposited Rs. 14,000/- for fishery rights and has also kept the fishes in the pond. Learned counsel for the petitioner further submits that petitioner has taken a loan amounting to Rs. 1,00,000/- for purchasing fishes for fish farming which were kept in pond in pursuance to the auction. 4. On a pointed query being made to learned counsel for the petitioner whether any agreement was executed with the respondent authorities in respect of the fishery rights, learned counsel for the petitioner very fairly submits that no such agreement was executed. On a further query being made to learned counsel for the petitioner as to under which order the fishes were kept in the pond, learned counsel for the petitioner submits that there was no such order. 5. It is to be seen that the highest bidder does not ipso facto gets the fishery rights. It is only on the acceptance of bid and agreement executed with the respondent authorities the right will accrue. If the petitioner has put the fishes in the pond, the same is a disputed question of fact and the same cannot be examined in writ jurisdiction and petitioner has a remedy of approaching the civil court in this respect. 6. The writ petition lacks merit and is dismissed accordingly. 7. In the event, the petitioner prefers an application before the respondent-authorities for return of the amount after giving no objection certificate, the amount of Rs. 14,000/- be returned in accordance with law by the respondent authorities. Order Date :- 5.5.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad