AJAY KUMAR v. STATE OF U.P. THRU. SECY. DEPTT. OF REVENUE LKO. AND 4 OTHERS
WRIC/9537/2025 · 2025-10-09
Prashant Kumar, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166890 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166890 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9537 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard learned counsel appearing on behalf of the parties. 2. This writ petition has been filed for the following substantial reliefs:-
"i. A writ, order or direction in the nature of mandamus commanding the respondent authorities (opp. 1 to 4) to forthwith execute the lease deed/agreement in respect of pond bearing Gata no. 1082/1.1000 hec. situate at Village-Beejeemau, Pargana- Rasulabad, Tehsil Hassanganj, District- Unnao, U.P., for which the petitioner was the sole and successful auction purchaser. ii. Issue a writ, order or direction commanding the respondents to ensure peaceful possession of the petitioner over the said pond (Gata No.1082/1.1000 hec. situate at Village-Beejeemau, Pargana- Rasulabaad, Tehsil Hassanganj, District- Unnao, U.P.) and to restrain private parties, Gram Pradhan, and local police from interfering with the petitioner's fishing rights. iii. Issue a writ, order or direction directing the respondent authorities to provide police protection to the petitioner for harvesting the fishes until final settlement of rights."
3. The factual matrix in the present writ petition indicates that the petitioner initially obtained the tender in the year 2022. The petitioner submits that, despite having obtained the tender, possession of the property was not granted to him. Subsequently, in 2024, another Versus Counsel for Petitioner(s) : Jyoti Rajpoot Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Ajay Kumar .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Revenue Lko. And 4 Others .....Respondent(s)
notification was issued, in which the petitioner again qualified and was thereafter given possession in 2025 upon payment of Rs.5,500/-. 4. Learned counsel appearing on behalf of the respondents submits that further payments are required to be made, but the petitioner has not made any such payment. He further submits that the property in question, which has been given to the petitioner, is liable to be cancelled due to non-payment of the initial deposit amount that is required to be paid. 5. We are of the view that the petitioner has not fulfilled the conditions of the tender appropriately and the present possession of the property by the petitioner is also in question. 6. In light of the same, we direct the authorities to conduct a proper tender within a period of six weeks from date. 7.
The petitioner shall be entitled to participate in the same in accordance with law. 8. With the above direction, the writ petition is disposed of. October 9, 2025 cks/- WRIC No. 9537 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench