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2025 DAILYLAW 109659 (ALL)

VINOD KUMAR AND ANOTHER v. State of UP AND 7 OTHERS

WRIC/40220/2024 · 2025-05-13

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78567 Court No. - 35 Case :- WRIT - C No. - 40220 of 2024 Petitioner :- Vinod Kumar And Another Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Abhai Singh,Virendra Singh 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 present petition has been filed with the following prayer: "Issue a writ order or direction in the nature of certiorari and quash the auction dated 23.8.2024 and fishing right lease for 10 years of pond no.80 area 0.930 hectare, situate in village Kohadwal, Post Karamhawa, Tappa Sirasiya, Pargana Vinayakour, Block and Tehsil Nautanawa, District Maharajganj, which was approved by Up Ziladhikari, Nichlaul, District Maharajganj on 18.10.2024. (Annexure No. 1 to the writ petition)." 3.Contention of the learned counsel for the petitioner is that fisheries lease has been given to the respondent no. 8 by the respondent authorities. 4. Learned Standing Counsel has raised a preliminary objection that the petitioner can challenge the fisheries lease granted to the respondent no. 8 by filing an appeal under Rule 59 of the U.P. Revenue Code Rules, 2016, which provides that any person aggrieved may prefer an appeal before Collector. Rule 59 of the U.P. Revenue Code Rules, 2016 is quoted as under: "59. Every lease referred to in rule 57 or rule 58 shall be deemed to be a lease for agricultural purpose, and any person aggrieved thereby may prefer an appeal to the Collector within 30 days from the date of approval by the Sub-Divisional Officer and subject to the provisions of Section 210, the order of the Collector shall be final." 4. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition. 5. Accordingly, the petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law. Order Date :- 14.5.2025/Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad