Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 170518 (ALL)

ZAFRUL HASAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. REVENUE LKO. AND 4 OTHERS

WRIC/11198/2024 · 2025-01-03

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:454-DB Court No. - 2 Case :- WRIT - C No. - 11198 of 2024 Petitioner :- Zafrul Hasan Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Revenue Lko. And 4 Others Counsel for Petitioner :- Shailendra Kumar Tiwari,Sunny Sharma Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy, J. Hon'ble Brij Raj Singh, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for opposite parties no.1 to 3 and Sri Mohan Singh, learned counsel appearing for opposite parties no.4 and 5. 2. The petitioner claims to have been granted a lease for the purposes of fisheries in respect of a pond existing on Gata No.228 situated at Village Kaima, Pargana Deva, Tehsil Nawabganj, District Barabanki. Submission is that adjacent to the said pond land is another Gata bearing No.415 which falls in Village Mittai, Tehsil Nawabganj, District Barabanki. There is no demarcation of the boundaries of the two gatas of two separate villages. In fact, a water body exits on both the gatas and now the pond existing on Gata No.415 in Village Mittai has been advertised for auction without demarcating the boundaries or separating the two gatas, which is bound to create confusion and prejudice the rights of the petitioner under the lease granted earlier. 3. Let the petitioner move an application before the Sub- Divisional Magistrate, Nawabganj, District Barabanki, who may get an on the spot inspection to verify the facts and if he finds that assertion of the petitioner is to be correct, then obviously the boundaries of the two gatas would have to be delineated and demarcated so that there is no confusion or dispute with regard to the fishery rights which may be exercised in respect of the ponds if they are two separate ponds existing on two separate gatas in two separate villages although adjoining each other. Let this exercise be completed at the earliest. This aspect shall be kept in mind while holding the auction for settlement of the fishery rights in respect of Gata No.415 so that unnecessary dispute is not generated in future. 4. Writ petition stands disposed of. . (Brij Raj Singh, J.) (Rajan Roy, J.) Order Date :- 3.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench