MANI RAM v. DISTRICT MAGISTRATE AMETHI AND 4 OTHERS
WRIC/5508/2025 · 2025-05-30
Sangeeta Chandra, Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143154 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143154 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:33570-DB Court No. - 9 Case :- WRIT - C No. - 5508 of 2025 Petitioner :- Mani Ram Respondent :- District Magistrate Amethi And 4 Others Counsel for Petitioner :- Jitendra Vikram,Suresh Kumar Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Mohan Singh,
learned counsel for the Gaon Sabha. This petition has been filed with the following prayers:-
"(i) issue writ order or direction in the nature of mandamus thereby directing the concerned opposite parties to provide possession of the Gata No. 1414/1.2900 Hectare Land/pond Situated at Village Bastidei, Tehsil-Gauriganj, Distt.-Amethi as per the Fishery Lease granted to the petitioner on 10.10.2024. (ii) To issue order a direction in the nature of mandamus further directing the concerned opposite party to restrain the Gaon Sabha for making any process of "Roopsarovar Saundarikaran" over the aforesaid Gata in respect to the illegal alleged proposal passed by Gaon Sabha irrespective of the already Fishery lease Granted to the petitioner over aforesaid mentioned Gata."
Learned counsel for the petitioner submits that the petitioner had been granted a fishery licence over Gata No.144 which is a pond situated in village Bastidei, Tehsil Gauriganj, District Amethi but the Gaon Sabha is now undertaking saundaryikaran (beautification) of said pond and is not letting the petitioner to take out the fish which he has put in the ponds in pursuance of the licence. The licence has not been cancelled till date and the fees, that has been paid, has also not been refunded by the appropriate authority. The petitioner has made representation in this regard to the District Magistrate and also to the Sub Divisional Magistrate. Sri Mohan Sinjgh, learned counsel for the Gaon Sabha has informed this Court that although the petitioner has been proposed to be given licence of fisheries for the said pond but
no lease deed has been executed till date and, therefore, no right accrues to the petitioner in absence of the lease agreement being executed. This petition is disposed of with a direction to the S.D.M., Gauriganj, Amethi to look into the grievance of the petitioner and pass appropriate order within a period of three weeks from the date of production of certified copy of this order before him.
Order Date :- 30.5.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench