MATSYAJIVI SAHKARI SAMITI LIMITED v. STATE OF U.P. AND 3 OTHERS
WRIC/2365/2025 · 2025-02-23
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11776 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11776 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:25957 Court No. - 34 Case :- WRIT - C No. - 2365 of 2025 Petitioner :- Matsyajivi Sahkari Samiti Limited Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Kumar Gupta Counsel for Respondent :- 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 the following relief:-
"i) issue a writ, order or direction in the nature of Mandamus directing the Respondent no.2 to not interfere in the peaceful functioning of fishing in the pond of the petitioner; ii) issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 to consider/decide the representation of petitioner dated 04.01.2025 (Annexure No.7 to the writ petition);"
3. Contention of learned counsel for the petitioner is that fisheries lease was granted to the petitioner for ten years and the same is effective till 2028, the respondents are interfering with the patta granted to the petitioner.
4. By order dated 24.01.2025, instructions were called by this Court.
5. Today, learned Standing Counsel has placed the instructions before the Court, which are taken on record.
6. Learned Standing Counsel on the basis of instructions submitted by Sub- Divisional Magistrate, Mahoba, has contended that in view of the stand taken in paragraph No. 5 of the instructions, no interference is being made by the respondents.
7. In view of this, the writ petition is disposed of with the direction that respondents will not interfere with the functioning of the petitioner as per the terms of the lease till his lease is determined, in accordance with law. Order Date :- 24.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad