Neutral Citation No. - 2025:AHC-LKO:48780 Court No. - 5 Case :- WRIT - C No. - 7638 of 2025 Petitioner :- Asha Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 4 Others Counsel for Petitioner :- Anil Kumar Nishad,Pooja Rayakwar Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Alok Mathur,J. 1. Heard Sri Anil Kumar Nishad, learned counsel for the petitioner as well as learned Standing Counsel for respondents no. 1 to 4. 2. It has been submitted by learned counsel for the petitioner that after due process petitioner was given lease over a Pond situated over Gata No. 151mi, Village - Neem Tikar, Tehsil - Maharajganj, District - Raebareli. It is next submitted that the petitioner has also deposited the lease rent of Rs.1000/- on 10.07.2024, but respondent no. 3, even after expiry of one year has not approved the said auction. 3. It is in the aforesaid circumstances, this Court had directed the Sub Divisional Magistrate, Tehsil - Maharajganj, District - Raebareli to appear before this Court along with relevant record to indicate as to why the approval has not been granted after expiry of more than one year. 4. As per direction of this Court, Shri Gautam Singh, Sub Divisional Magistrate, Tehsil - Maharajganj, District - Raebareli has appeared in Court along with record. 5. A perusal of the record indicates that on 19.07.2024, report of Nayab Tehsildar was submitted stating that the land of Talab which has been auctioned the area was wrongly shown as 0.506 hectares while in fact the area is 253 hectares and accordingly, recommendation was made not to confirm the said auction. Subsequently, it is on the basis of the aforesaid material that a show cause notice dated 13.08.2024 has been issued which purportedly has been received on 16.08.2024 and the auction has been cancelled on 20.08.2024. 6. At this stage, the petitioner submits that he was not aware about the proceedings of cancellation and no opportunity was granted before cancellation, and in the aforesaid circumstances, this Court finds that no direction as sought by the petitioner for issuing writ or mandamus to the respondents to confirm the auction, can be passed considering that in the meanwhile the respondents have proceeded to cancel the auction. 7. Learned Standing Counsel undertakes to provide a copy of all the relevant orders to the petitioner forthwith so that he can assail the proceedings or the order of cancellation. Apart from the above, from perusal of the original records, it is evident that the proceedings of cancellation have been initiated on the report of Nayab Tehsildar dated 19.07.2024 and the prior to the auction all the relevant records are obtained, including physical verification of the land which is called for auction but no such objections were communicated prior to conduct of the said auction and surprisingly, the same authority had initially purportedly inspected the site and did not report the correct area which was described as a pond and it is only after the auction, he has submitted a report on 19.07.2024 stating that the area is less than was what advertised. It is only because of the ground reporting by the Nayab Tehsildar that one year has been vested which could have been truthfully utilized by the petitioner and the auction was conducted by the petitioner in whose favour the auction was conducted and also there was clear loss of revenue for the State inasmuch the auction amount has now been returned to the petitioner. Such errors should not go a noticed. Accordingly, let the copy of the said order be placed before the District Magistrate, who shall conduct the inquiry himself and take action against the person, who are responsible causing loss to the State Exchequer. 8. It is in the aforesaid circumstances, the petition is dismissed giving liberty to the petitioner to file a fresh petition assailing the order of cancellation. [Alok Mathur,J.] Order Date :- 20.8.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench