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2025 DAILYLAW 161797 (ALL)

SUSHEEL KUMAR v. DISTRICT MAGISTRATE,DISTT.SULTANPUR AND 2 OTHERS

WRIC/8602/2025 · 2025-09-03

Brij Raj Singh, Sangeeta Chandra

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8602 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. This petition has been filed by the petitioner with the following main prayers:- "(i) Issue a writ, order or direction in the nature of Mandamus thereby directing the opposite parties no 2 to allot the fisheries lease over the pond in respect of the gata no.261 measuring area 24.295 Hec. situated in Gram Sahatpur Akhand Nagar Tehsil Kadipur District Sultanpur as per Revenue Court 2016 to the petitioner. (ii) Issue a writ, order or direction in the nature of Mandamus thereby directing the opposite parties no 1 decide the representation dated 6.8.2025 given by the petitioner which is contain in Annexure no.3 of the writ petition." 3. It has been submitted by learned counsel for the petitioner that an advertisement was issued, which was published in local newspapers for allotment of fishery lease over different ponds in different Tehsils of District Sultanpur. The petitioner's Cooperative Society participated in such auction proceedings on 5.8.2025 with regard to Gata no.261, ad-measuring 24.295 hectares, situated in Village Sahatpur Akhand Nagar, Tehsil Kadipur, District Sultanpur. However, no allotment has been made to the petitioner. No reasons have been indicated by the respondents, despite repeated representations made by the petitioner. Versus Counsel for Petitioner(s) : Alok Kirti Mishra Counsel for Respondent(s) : C.S.C. Susheel Kumar .....Petitioner(s) District Magistrate,Distt.Sultanpur And 2 Others .....Respondent(s) 4. Learned Standing Counsel has produced before this Court the instructions sent by the Tehsildar, Kadipur, District Sultanpur dated 30.8.2025, wherein it has been stated that initially a notice was published for auction of pond land for fishery purposes in Dainik Jagran on 29.6.2025. The auction was fixed for 5.8.2025, but a complaint was received, which could not be disposed of, because necessary report could not be received in time, as a result, auction could not be held. A public notice dated 8.8.2025 was issued, informing the public at large that the auction, which was proposed to be held for some of the pond lands on which, a complaint had been received, could not be held and is postponed. The said instructions are taken on record. 5. It is apparent from the said instructions that some of the ponds were indeed auctioned on 5.8.2025, but the pond on which the petitioner had submitted his bid, has not been auctioned and a public notice has been issued in this regard. 6. It will be open for the respondents to hold a fresh auction for pond land of Gata no.261 in Village Sahatpur Akhand Nagar, Tehsil Kadipur, District Sultanpur, latest by 30.9.2025, by issuing a separate public notice in this regard after the complaint by the aggrieved persons is redressed. The petitioner shall participate in the same. 7. The writ petition stands disposed of. September 3, 2025 Sachin WRIC No. 8602 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench