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2025 DAILYLAW 167137 (ALL)

MATSYA JEEVI SAHKARI SAMITI LTD.THRU. SECY. SHRI ABDUL KALAM KHAN AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF REVENUE AND 3 OTHERS

WRIC/9500/2025 · 2025-09-26

Brij Raj Singh, Sangeeta Chandra

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9500 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned Counsel for the petitioners and learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayer:- "issue a writ, order or direction in the nature of Mandamus thereby commanding the Respondent Nos.3 & 4 to hold auction of Ponds in respect of Gata no.637 ka admeasuring area 2.099 hectare, Gata No.494 Dami admeasuring area 2.887 hectare, Gata No.485Ga admeasuring area 5.015 hectare situated at Village Amrethudandiya, Tehsil: Kadipur, District Sultanpur and Gata No.800 Tami admeasuring area 7.575 hectare, situated at Village Makhdoompur, Tehsil: Kadipur, District Sultanpur as per notification dated 23.06.2025, published in the newspaper on 29.06.2025, contained in Annexure No.3, to the instant Writ Petition." 3. Learned Counsel for the petitioners has submitted that earlier one Sushil Kumar had approached this Court in Writ-C No.8602 of 2025 with a prayer for issuance of mandamus to be issued to the Sub Divisional Versus Counsel for Petitioner(s) : Rajesh Chandra Mishra Counsel for Respondent(s) : C.S.C. Matsya Jeevi Sahkari Samiti Ltd.Thru. Secy. Shri Abdul Kalam Khan And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue And 3 Others .....Respondent(s) Magistrate to allot fisheries lease over the pond in respect of gata no.261 ad-measuring 24.295 hectare situated in Gram Sahatpur Akhand Nagar, Tehsil Kadipur, District Sutanpur and to decide the representation made by the petitioner Sushil Kumar dated 06.08.2025. This Court had disposed of the petition on 03.09.2025 on the basis of instructions wherein it was stated that some of the ponds were auctioned on 05.08.2025, but the pond on which the petitioner has submitted his bid, could not be auctioned and a public notice shall be issued again in this regard. The Court had observed that it would be open for the respondents to hold a fresh auction for pond land of Gata No.261, Village Sahatpur, Akhand Nagar, by issuing a separate public notice in this regard after the complaint by the aggrieved persons is redressed and the petitioner was free to participate in such auction. 4. It has been submitted that even after order dated 03.09.2025 was passed in Writ-C No.8602 of 2025, the Sub Divisional Magistrate, Kadipur, Sultanpur, is sitting over the matter and has not made any attempt to make fresh auction. 5. It is almost the end of September month. Such auctions are usually held sometimes in the month of June, July and August, so that fisheries contract (Theka) can be given from September month onwards, but till date the Sub Divisional Magistrate has not done anything in the matter. 6. Instructions sent by the Tehsildar, Kadipur, Sultanpur, are taken on record. 7. This petition is disposed of with a direction to the Sub Divisional Magistrate, Kadipur, Sultanpur, to hold public auction within a period of three week from the date a certified copy of this order is produced before him. September 26, 2025 Rahul WRIC No. 9500 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench