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2025 DAILYLAW 123973 (ALL)

SMT. MONI ALIAS (MONIKA ) v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 3 OTHERS

WRIC/1572/2025 · 2025-02-18

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10489-DB Court No. - 2 Case :- WRIT - C No. - 1572 of 2025 Petitioner :- Smt. Moni Alias (Monika ) Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 3 Others Counsel for Petitioner :- Shailendra Kumar Tiwari,Sunny Sharma Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. By means of this Writ Petition, the petitioner has challenged notification dated 25.09.2024 published on 06.10.2024 in the daily newspaper with respect to auction and allotment of village tank (talab/pond) for the purpose of fishery rights situated at Gata No.1934 ख, Village Mittai, Tehsil Nawabganj, District Barabanki, Uttar Pradesh. The petitioner is wife of Late Matru, who had participated in a similar auction pertaining to the said pond which was held on 17.09.2020. It is claimed that he was the highest bidder and there are documents to that effect, however, the lease deed was never executed in his favour. The learned Standing Counsel ofcourse says that her husband had deposited Rs.6,000/- on 22.09.2020 but thereafter did not deposit the annual rent yearly, thereafter. The husband of the petitioner unfortunately died on 16.03.2023. There is nothing on record to indicate that the husband of the petitioner raised any claim regarding fishery rights in respect of the pond in question before any authority or before this Court. The petitioner's counsel says that some application was filed by the petitioner's husband but no decision was taken. On being asked, he could not point out the said application from the record of this Writ Petition. The fact is that he did not approach the Court asserting his rights, if any. When the auction was held in pursuance to the impugned notification dated 25.09.2024 on 04.12.2024, as per the instructions received by the learned Standing Counsel, the petitioner also participated and submitted an application although she also mentioned in her application about the factum of her husband being the highest bidder in the earlier auction held in the year 2020. The only argument advanced by counsel for the petitioner is that the husband being the first highest bidder in the year 2020 in respect of the said pond but the lease not having been executed, the opposite parties are under an obligation to execute the lease in favour of the petitioner (the widow) instead of notifying the pond for fresh auction vide notification dated 25.09.2024, however, the learned Standing Counsel says that auction has already been held and the petitioner had also moved an application for participation in the said auction. We fail to understand as to how a Writ Petition is maintainable for the relief claimed that too by the petitioner, if she has not been found to be highest bidder in the auction held in pursuance to the notification dated 25.09.2024. No lease was executed in favour of the husband of the petitioner. The petitioner's husband did not initiate any proceedings raising any such claim. We do not find any valid ground to entertain this Writ Petition at the behest of the petitioner. The Writ Petition is dismissed. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 18.2.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench