HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8373 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents and perused the record. 2. This writ petition has been filed by petitioner with following main prayer: "(i). Issue a writ, order or direction in the nature of mandamus commanding the opposite parties no. 3 to not to interfere with the petitioner's fishing rights nor to adopt any preventive or deterrent measures against the petitioner in respect of the lease granted for the current year until its full term expires in March 2026 in interest of justice." 3. It is the case of the petitioner that the respondent no.3-Sub Divisional Officer, Bilgram, had issued public notice on 03.02.2025 for auction of fishing rights over River Ganga and River Garra at six places. The petitioner applied for the area noted at Serial No.1, i.e. Katri Biluhi to Rajghat-5 km stretch and he was declared successful and theka was granted to the petitioner. 4. Subsequently, in the month of June, 2025 on verbal instructions, the respondent no. 3 has stopped fishing to be done by the petitioner. It has also come to his knowledge that in the month of September, 2025, new auction process will be started and the current theka will automatically lapsed. 5. It has been submitted by learned counsel for the petitioner that nobody would spent Rs.15 lacs for three and a half months for fishery rights. The fishery rights were given in March 2025 and in June, 2025, the petitioner was stopped from fishing. Versus Counsel for Petitioner(s) : Brajendra Deo Shukla Counsel for Respondent(s) : C.S.C. Ram Bilas .....Petitioner(s) State Of U.P. Thru. Prin. Secy. (Fisheries) Lko. And 2 Others .....Respondent(s) 6. Learned Standing Counsel has produced before this Court instructions sent by Sub Divisional Officer, Bilgram, District Hardoi dated 25.08.2025 wherein it has been stated that the area of 5 kms from Katri Biluhi to Rajghat was advertised on 03.02.2025 for public auction. The notice clearly stated that the auction was for the period remaining of the Financial Year 2024-25 and the petitioner knowingly, bid for March 2025 up to 30.06.2025. The terms and conditions of the auction and grant of Theka was clearly known to the petitioner. 7. The auction being held only for a period of three months, it cannot be extended further. It is open for the petitioner to bid for the same area again when auction proceeding are started for the next Financial Year i.e., April 2026 to March 2027 as and when such auction proceedings are held. 8. We have gone through the auction notice in pursuance of which the petitioner had applied for grant of Theka, it is evident from the same that it starts with the words, " मत्स्य वषर् 2024-25 की अवशेष अविध (30.06.2025) तक के िलए तहसील िबलग्राम के अंतगर्त प्रवािहत होने वाली निदयों के मत्स्य आखेट क्षेत्रों/खंडों में मत्स्य आखेट हेतु ठेका/पट्टा के संबंध में। It is apparent that the petitioner had applied only for three months, he cannot change the terms of contract by issuance of a mandamus against statutory remedy. 9. The writ petition stands dismissed. September 2, 2025 Pks WRIC No. 8373 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench