MATSYA JIVI SAHAKARI SAMITI RAGHUNATHPUR v. STATE OF U.P. & 3 OTHERS
WRIC/42140/2024 · 2025-08-07
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112336 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112336 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:134884 Court No. - 34 Case :- WRIT - C No. - 42140 of 2024 Petitioner :- Matsya Jivi Sahakari Samiti Raghunathpur Respondent :- State Of U.P. & 3 Others Counsel for Petitioner :- Manish Kumar Kashyap,V.P. Singh Kashyap Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer;
"It is therefore most respectfully prayed that this Hon'ble court may Kindly be pleased to issue a writ mandamus commanding directing to respondents authority extend Fishery Lease of the petitioner on the extend 10 percent on the basis of last auction amount of the village (I). Kolapul Garhi Aurangabad up to Gudera area 1.00KM, (II). Village Kudera to Belakheda area 1.5KM, (III), Village Belakheda to Mahua Gao (IV). Gram Mau Shahjhanpur to Ramapur Bajheda. Area 0.5 KM (V) Gram Shamshipur to Harni area 05.00KM (VI). Ratheli to Kasari area 3.00KM. Otherwise, the petitioner/ Applicant shall suffer irreparable loss and injury."
2. It is contended that fisheries lease of petitioner has expired and same may be extended for a period of ten years.
3. A preliminary objection has been raised by learned Standing Counsel as to the maintainability of writ petition on the ground that the provisions of Rule 57 (12) of U.P. Revenue Code Rules, 2016 prohibits such lease.
4. The prayer made in writ petition cannot be granted by this Court as fisheries lease granted to petitioner has already come to an end and fresh auction has to be taken place. The Court does not have the power to extend such lease.
5. Writ petition is misconceived and stands dismissed. Order Date :- 8.8.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad