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2025 DAILYLAW 180473 (ALL)

MATSYA JEEVI SAHKARI SAMITI LIMITED THRU. CHAIRMAN,SHIV RAJ RAWAT v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO AND 5 OTHERS

/11393/2025 · 2025-11-26

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11393 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned Counsel for the petitioner, learned Standing Counsel who appears on behalf of the State-respondents and Sri Mohan Singh, learned Counsel appearing on behalf of the respondent no.6- the Gaon Sabha. 2. This petition has been filed with the following main prayer:- "To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to dispossess the petitioner-Society from the Pond situated at Gata No.564 area 7.551 Hectare Village Sainder, Pargana Kursi, Tahsil Fatehpur, District Barabanki, until application for interim relief is decided in Appeal No. 4031 of 2025, pending before the Collector/District Magistrate, Barabanki" 3. It is the case of the petitioner that it is a Co-operative Fishery Society and had been granted Patta/lease for fisheries purposes on Gata no.564, area 7.551 ha for a period of ten years with effect from 01.08.2022 to 31.07.2032. The annual rent of Rs.2,30,300/- has been paid regularly. In addition, an amount of Rs.20,000/- has been deposited in the National Saving Certificate as a security deposit. Versus Counsel for Petitioner(s) : Atiya Abid Counsel for Respondent(s) : C.S.C., Mohan Singh Matsya Jeevi Sahkari Samiti Limited Thru. Chairman,Shiv Raj Rawat .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 5 Others .....Respondent(s) 4. It is the case of the petitioner that ponds in question were unsuitable for fisheries purpose initially, but the petitioner-Society has made substantial investment in improvement and has repaired embankments. The petitioner established a small canteen to provide refreshment to members, employees and visitors of the pond in question. The canteen has been registered as "Budget Hotel" for which the petitioner-Society is considering withdrawal of registration certificate. 5. Now, a show–cause notice has been issued on 26.08.2025 to the petitioner-Society by the Sub-Divisional Officer, Fatehpur, Barabanki making false allegations. A copy of such show–cause notice has been filed as annexure-8 to the writ petition. The petitioner has submitted his reply to the show–cause notice. The petitioner's reply has not been considered by the Sub-Divisional Officer, Fatehpur Barabanki and he has passed an order dated 24.10.2025 cancelling the lease/allotment of the petitioner. 6. Having gone through the order passed by the Sub-Divisional Officer, Fatehpur, Barabanki, cancelling the allotment of the petitioner, we find no good ground to show interference as the petitioner has prayed for grant of interim relief of stay of order of Sub-Divisional Officer until the application for interim relief is decided in Appeal No.4031 of 2025. 7. The writ petition stands dismissed. November 26, 2025 Rahul WRIC No. 11393 of 2025 2 (Ram Manohar Narayan Mishra,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