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2025 DAILYLAW 140400 (ALL)

LAKHAN v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO AND 4 OTHERS

WRIC/4572/2025 · 2025-05-16

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28979-DB Court No. - 2 Case :- WRIT - C No. - 4572 of 2025 Petitioner :- Lakhan Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 4 Others Counsel for Petitioner :- Vikas Pandey Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. The petitioner was granted fishery patta in respect of a pond situated on Gata No.405 situated at village Rasoolpur Kala, Pargana Rudauli, Tehsil Ramsanehighat, District Barabanki, as claimed. A private person sought cancellation of the Patta and initiated proceedings which were rejected. Thereafter he filed a revision, which has also been rejected on 20.08.2024. Inspite of the aforesaid, as stated by learned counsel for the petitioner, the petitioner is not being allowed to exercise his fishery rights in respect of the said pond, although the Patta was for ten years and is still valid till 2017. 3. Learned Chief Standing Counsel Shri Manish Mishra at this stage produces instructions from Sub Divisional Magistrate, Ramsanehighat, District Barabanki dated 15.05.2025, which are taken on record. He submits on the basis of such instructions that the pond is lying vacant and if the petitioner wants to exercise his fishery rights over the said pond, he is free to do so. 4. The writ petition is, accordingly, disposed of in terms of the statement made by Shri Manish Mishra, learned Chief Standing Counsel. 5. Our order shall not affect the right of any third person nor any proceedings which may be pending, as per law. (Om Prakash Shukla, J.)(Rajan Roy, J.) Order Date :- 16.5.2025 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