MATSAY JEEVI SAHKARI SAMITI LIMITED, HARDOI THRU. PRESIDENT SRI. MAHAVEER v. STATE OF U.P. THRU. SECY., REVENUE DEPTT., LKO. AND OTHERS
A227/1002/2025 · 2025-02-21
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124991 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124991 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11367 Court No. - 20 Case :- MATTERS UNDER ARTICLE 227 No. - 1002 of 2025 Petitioner :- Matsay Jeevi Sahkari Samiti Limited, Hardoi Thru. President Sri. Mahaveer Respondent :- State Of U.P. Thru. Secy., Revenue Deptt., Lko. And Others Counsel for Petitioner :- Farhan Alam Osmany Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. At the very outset learned counsel for the petitioner prays for and is allowed to implead the Commissioner, Lucknow Division, Lucknow as the opposite party no.4.
2. Learned counsel for the petitioner is permitted to incorporate the necessary impleadment / amendment during the course of the day.
3. Supplementary affidavit filed today is taken on record.
4. Heard Shri Farhan Alam Osmany, learned counsel for the petitioner, Sri Yogesh Kumar Awasthi, learned Standing Counsel representing the State-respondents nos.1 and 2 and perused the record.
5. By means of the present writ petition, the petitioner has prayed for the following reliefs:
"(i) to grant interim protection to the petitioner for fishery right from the pond bearing Gata Nos. 648, 649, 50 & 652 or in alternative to direct the learned Commissioner, Lucknow Mandal, Lucknow to decide the interim relief application filed along with Case No. 4970/2024' Matsay Jeevi Sahkari Samiti Limite Vs. Nemosan Mandir" at the earliest. (ii) issue an order or direction in any nature which this Hon'ble Court may deem fit and proper under the circumstances of the case."
6. Precisely the arguments of learned counsel for the petitioner is that the petitioner- society applied for Patta in respect of Gata Nos. 648, 649, 50 & 652 which was granted in its favour for a period of 10 years. However, the said allotment of Patta was cancelled on 29.11.2024.
7. Aggrieved by the same the petitioner filed a revision before the Commissioner, Lucknow Division, Lucknow which was
registered as a Revision No. 4970 of 2024 the contention of
learned counsel for the petitioner is that he also filed an application for interim relief along with the said revision which is still pending for disposal.
8. By means of the aforesaid supplementary affidavit, learned counsel for the petitioner has brought on record a copy of the memo of revision as well as the copy of application seeking interim relief, filed along with the aforesaid revision.
9. In paragraph no.4 of the aforesaid supplementary affidavit the learned counsel for the petitioner has mentioned that the next date fixed in the aforesaid Revision pending before the opposite party no.4, is 30.03.2025.
10. Taking into consideration the fact that the application for interim relief filed along with the aforesaid Revision is pending since 03.12.2024 and the court of learned Commissioner has already fixed 30.03.2025 as the next date in the said Revision. In such a situation this Court is of the view that no useful purpose will be served to keep this writ petition pending. Accordingly, with the consent of the parties, the writ petition is
disposed of with a direction to the Commissioner Lucknow Division, Lucknow to consider and pass appropriate order on the pending stay application filed along with the Revision No. 4970 of 2024 strictly in accordance with law by a reasoned
order on merit after affording due opportunity of hearing to the parties concerned preferably on the next date already fixed or within a maximum period of three months from the date of receipt of a certified copy of this order; unless there is any legal impediment. It is further directed that no unnecessary adjournments shall be granted to either of the parties and the adjournment, if prayed for, may be granted only in exceptional circumstances.
Order Date :- 21.2.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench