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2025 DAILYLAW 158719 (ALL)

MATSYA JIVI SAHKARI SAMITI LTD. THRU. PRESIDENT AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF FISHERIES LKO. AND 7 OTHERS

WRIC/8166/2025 · 2025-08-26

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8166 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel, who appears for the State-respondents, Shri Kazim Ibrahim, learned counsel for respondent no.8 and perused the record. 2. This writ petition has been filed by petitioners with following main prayers: "(i) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opp. party no.6 to deposit the allotment fee for year 2025-26 of petitioners in respect of area Charsari to Nandaur (5km.) doing fisheries work in river side of Saryu River, in the interest of justice. (ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opp. party no.3 to 6 to not allot the area of petitioner river side (Charsari to Nandaur) in favour of opp. party no.6 and 7 without giving opportunity of hearing to the petitioner, during pendency of the writ petition, in the interest of justice. (iii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opp. party no.3 to consider and decide the representation dated 08.08.2025 as contained in Annexure No. 15 to this writ petition." 3. It has been submitted by learned counsel for the petitioners that Versus Counsel for Petitioner(s) : Ankur Pandey, Ajay Kumar Pandey Counsel for Respondent(s) : C.S.C., Kazim Ibrahim Matsya Jivi Sahkari Samiti Ltd. Thru. President And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Fisheries Lko. And 7 Others .....Respondent(s) petitioner no.1 is a registered society and petitioner no.2 is its President and doing pairvi on behalf of the Society. The petitioners' Society is registered before the Registrar, Matsya Sahkari Samiti Fisheries Department, U.P., Lucknow. Initially the Society was given allotment of patta for the area of 05 (five) kilometers of river side of Saryu River on Lot No.8 from Charsari to Nandaur and his allotment of patta is continuing till date. Now the respondents are not allotting the area in question on the ground that a new Matsya Jivi Sahkari Samiti Limited, Nandaur Reti has been registered. 4. Shri Kazim Ibrahim, learned counsel for respondent no.8/caveator has produced before this Court a copy of Government Order dated 14.11.2024, which is an Office Memorandum issued to all the Assistant Directors Matsya and All Deputy Directors Matsya of the State of U.P. for registration of cooperative society doing fishing business. In pursuance of such order, Society of respondent no.8 has been registered on 28.05.2025 as 'Matsya Jivi Sahkari Samiti Limited, Nandaur Reti'. Copy of registration certificate has also been produced before this Court. The Society is working on area allotted to it on Saryu River Lot No.7 from Charsari to Nandaur (Mahadev Ghat). On 24.07.2025, respondent no.8 has deposited Rs.27,990/- also with the respondents. The documents produced by learned counsel for respondent no.8 are taken on record. 5. This writ petition is disposed of with direction to the petitioners to approach appropriate forum, if they are aggrieved by registration of Society of respondent no.8 on the same area on which the petitioners are already functioning. August 26, 2025 Anupam S/- WRIC No. 8166 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench