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2025 DAILYLAW 130369 (ALL)

MATSYA JIVI SAHKARI SAMITI LIMITED THRU. SECY. DASHRATH v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. U.P. LKO. AND 5 OTHERS

WRIC/3099/2025 · 2025-04-02

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18426-DB Court No. - 2 Case :- WRIT - C No. - 3099 of 2025 Petitioner :- Matsya Jivi Sahkari Samiti Limited Thru. Secy. Dashrath Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. And 5 Others Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. The petitioner claims to have a lease in his favour, for exercising fishery rights in respect of a pond, which has been executed by opposite party no.3, however, opposite party no.5 is creating hindrances. 3. Learned Standing Counsel states that there is a dispute amongst the members of the petitioner co-operative society, which has not been resolved as yet. 4. Learned counsel for the petitioner states that dispute between the members of the petitioner co-operative society is not relevant at all, as the hindrance is being created by opposite party no.5 at the behest of private parties, who are not the members of co-operative society. 5. Let the Sub Divisional Magistrate, Lakhimpur Kheri get an enquiry conducted as to who is creating hindrance in the functioning of the petitioner society in respect of the pond in question. If he finds that the persons, who are creating hindrances, are not members of the co-operative society, and the said fact is not related to the dispute of the co-operative society, then he shall ensure and do the needful so that strangers to the lease do not interfere in the functioning of the petitioner co-operative society, unless there is any other legal impediment, in which case he shall inform the petitioner in writing. However, if the Sub Divisional Magistrate, Lakhimpur Kheri finds that the hindrance is on account of the dispute pertaining to the co-operative society, then he shall communicate it to the petitioner. The Deputy Director, Fisheries, who is the Registrar of such co-operative societies, can then look into the matter as per law and do the needful, as far as he may have jurisdiction and take a decision at the earliest, say within six weeks in terms of the aforesaid. 6. Let this exercise be completed by the Sub Divisional Magistrate, Lakhimpur Kheri within a period of four weeks. 7. If the petitioner is still aggrieved, the petitioner may avail such other remedies as prescribed under law whether it be under civil or criminal or revenue law. 8. The writ petition is, accordingly, disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 2.4.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench