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2025 DAILYLAW 167463 (ALL)

MATSYA JIVI SAHKARI SAMITI LTD.THRU.PRESIDENT NAMELY MOHD.SAKIR KHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. GOVT. OF U.P. LKO. AND 6 OTHERS

WRIC/9673/2025 · 2025-09-26

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9673 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. This petition has been filed with the following main prayers:- "I. Issue a writ, order or direction in the nature of certiorari quashing the impugned lease order dated 05.07.2022 passed by opposite party no.5 whereby the fishery lease of gaon sabha pond situated at Gata No.1017 measuring area 11.3820 hectares in Village Sikandarpur Bazar, Pargana Sharah Sumali, Tehsil Shahabad, District Hardoi has been illegally finalized in favour of opposite party no.7 (outsider society), in utter violation of Section 61 of the UP Revenue Code 2006 by suppressing the participation of the petitioner society which is the society of same Nyaya Panchayat and Block. II. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to conduct fresh lease allotment proceeding strictly in accordance with Section 61 of the UP Revenue Code, 2006 and the government orders issued thereunder, giving due preference to eligible societies/person of the concerned gram sabha. III. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to forthwith cancel the lease granted to opposite party no.7 on account of its misuse of the gaon sabha pond for purposes other than fishery i.e. cropping the water grain (singhara)." Versus Counsel for Petitioner(s) : Vinod Kumar Singh, Vijay Kumar Singh Counsel for Respondent(s) : C.S.C. Matsya Jivi Sahkari Samiti Ltd.Thru.President Namely Mohd.Sakir Khan And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Govt. Of U.P. Lko. And 6 Others .....Respondent(s) 3. We have gone through the pleadings on record and heard learned counsel for the petitioners at some length and learned Standing Counsel for the State- respondents. 4. It appears that there was an auction conducted for the pond situated at Gata no.1017, ad-measuring 11.3820 hectares in Village Sikandarpur Bazar, Pargana Sharah Sumali, Tehsil Shahabad, District Hardoi. The petitioner no.1-Society participated in the proceedings but was not declared successful and the pond was allotted to respondent no.7. Against the order dated 5.7.2022, the Vice President of petitioner no.1-Society has filed an Appeal bearing Appeal No.1492 of 2025 (Matsyajivi Sahkari Samiti, Todarpur vs. Matsyajivi Sahkari Samiti, Ahirauri). The said appeal has been rejected by the Collector, Hardoi on 20.8.2025. 5. It is the case of the petitioners that the Vice President of the Society has fraudulently filed the appeal in collusion with respondent no.7. 6. This Court cannot interfere in the matter on the ground that the questions raised in the writ petition are disputed questions which cannot be decided merely on the basis of affidavit. 7. The writ petition stands disposed of. September 26, 2025 Sachin WRIC No. 9673 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench