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2025 DAILYLAW 11367 (ALL)

JAI SHANKER TIWARI v. STATE OF U.P. AND 5 OTHERS

WRIC/4047/2025 · 2025-02-23

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26675 Court No. - 34 Case :- WRIT - C No. - 4047 of 2025 Petitioner :- Jai Shanker Tiwari Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Satyendra Prakash Srivastava Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for following reliefs: "issue a writ, order or direction in the nature of certiorari 24-11-2023 quashing the allotment of lease/patta dated 26-10-2023 and acceptance dated 11.10.2024 and registration dated 01.08.2024 by Sub-Divisional Magistrate, Tehsil Mariyahun, District Jaunpur over arazi no. 1145 area 0.3280 hectare recorded as pond in Village Mahuari, Block Barsathi, Tehsil & Pargana Mariyahun, District Jaunpur. b) issue a writ, order a or direction in the nature of Mandamus directing the respondents' authorities particularly respondent no. 3, who may restrain respondent no.5 Smt. Nirmala from fish farming/pisciculture, extracting and selling fish in arazi no. 1145 area 0.3280 hectare, recorded, as pond in Village Mahuari, Block Barsathi, Tehsil & Pargana Mariyahun, District Jaunpur forthwith.." 3. Petitioner is aggrieved by grant of fishery lease to the respondent No.5 by the respondents. 4. Learned Standing Counsel has raised a preliminary objection that against grant of lease of fishery lease by the S.D.M., petitioner has an alternative remedy of filing an appeal before the District Magistrate under Rule 59 of the U.P. Revenue Code Rules, 2016. 5. In view of the availability of alternative remedy, I am no inclined to interfere in the matter. 6. The writ petition is disposed of with liberty to the petitioner to avail the alternative remedy, as available to him, under the law. Order Date :- 24.2.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad