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2025 DAILYLAW 157337 (ALL)

MATSYA JIVI SAHKARI SAMITI LIMITED THRU. SECY. JAGDISH v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO AND 3 OTHERS

WRIC/7751/2025 · 2025-08-14

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47723-DB Court No. - 2 Case :- WRIT - C No. - 7751 of 2025 Petitioner :- Matsya Jivi Sahkari Samiti Limited Thru. Secy. Jagdish Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 3 Others Counsel for Petitioner :- Manzar Ali Khan Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 4. 2. This petition has been filed by the petitioner for the following main prayers:- "i) A suitable Writ order or direction in the nature of Mandamus commanding the opposite parties, particularly opposite party no.4 to allow to deposit the outstanding amount of lagan of fishery lease for a year 2024 and onward to the petitioner in respect of fishery lease for a period of ten years since 03.09.2020 to 02.09.2030 of the tank of Gata No.1234-E ad-measuring 2.971 Hectare, situated at Village Barkherwa, Block Ahirori, Tehsil Sadar, District Hardoi. ii) A suitable Writ order or direction in the nature of Mandamus commanding the opposite party no.3, to execute with registration of the agreement of fishery lease for a period of ten years since 03.09.2020 to 02.09.2030 of the tank of Gata No.1234-E ad-measuring 2.971 Hectare, situated at Village Barkherwa, Block Ahirori, Tehsil Sadar, District Hardoi. iii) Any other suitable order or direction which the Hon'ble Court deemed just and proper in the circumstances of the case, in favour of the petitioner, in the interest of justice. iv) Allow the writ petition with costs." 3. It has been submitted by the learned counsel for the petitioner that the petitioner has earlier approached this Court by filing Writ-C No.744 of 2023 [Matasya Jivi Sahkari Samiti Ltd. Thru. Secy. Vs. State of U.P. and 4 others]. When this Court had passed an interim order on 30.01.2023 the petitioner has complied with the order and has deposited all the dues as directed by the Court but the petitioner is not being permitted to enjoy the fishing rights over the pond in question. 4. Learned Standing Counsel has raised a preliminary objection regarding the maintainability of the petition. 5. The counsel for the petitioner, after arguing for some time, has prayed that the writ petition be dismissed as withdrawn with liberty to the petitioner to file an appropriate application in the pending writ petition. 6. The writ petition is dismissed as withdrawn with liberty to the petitioner to file an appropriate application in pending Writ-C No.744 of 2023 [Matasya Jivi Sahkari Samiti Ltd. Thru. Secy. Vs. State of U.P. and 4 others]. Order Date :- 14.8.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench