MATSYA JIVI SAHKARI SAMITI LIMITED SHYAM DEURAWA v. STATE OF U.P. AND 4 OTHERS
WRIC/3883/2025 · 2025-02-19
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16866 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16866 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:24598 Court No. - 34 Case :- WRIT - C No. - 3883 of 2025 Petitioner :- Matsya Jivi Sahkari Samiti Limited Shyam Deurawa Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sudhanshu Pandey Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This petition has been filed for the following relief:
"A. issue a writ, order or direction in the nature of Mandamus directing the Commissioner, Gorakhpur Division, Gorakhpur to decide the stay application dated 25.11.2024 filed in Revision No. 2228/2024 (Computerized Case No. C202405000002228)."
3. Contention of the learned counsel for the petitioner is that the fisheries rights granted to the petitioner has been cancelled. Against the cancellation order, the petitioner has filed a revision along with stay application, which has not been considered till date. It is further contended by learned counsel for the petitioner that due to non consideration of stay application, the petitioner is not able to take out the fishes from the pond, rights of which has been allotted to the petitioner.
4. Learned Standing Counsel submitted that no useful purpose would be served in keeping this petition pending and a direction be issued to respondent no. 2 to decide the stay application of the petitioner in a time frame as stipulated by this Court.
5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 2 to consider and decide the aforementioned stay application of the petitioner, in accordance with law, expeditiously, preferably within a period of eight weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to
either of the parties provided that there is no other legal impediment.
6. Till the disposal of the stay application, the petitioner is permitted to take out the fishes from the pond.
7. In case, the petitioner seeks adjournment in the revision, the interim order granted to the petitioner will automatically vacated. Order Date :- 20.2.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad