DHRETASH KUMAR CHAUHAN v. STATE OF U.P. AND 5 OTHERS
WPIL/324/2025 · 2025-02-14
Chandra Kumar Rai
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 18136 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18136 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:21396 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 324 of 2025 Petitioner :- Dhretash Kumar Chauhan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pramod Kumar Sahani Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J.
1. Heard counsel for the petitioner, Mr. Rameshwar Prasad Shukla, learned counsel for respondent- Gaon Sabha and Mr. T.P. Gupta, learned Standing Counsel for the State respondents.
2. The instant public interest litigation has been filed for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus direct the respondent no.3 to cancel the lease of the respondent no.6 and release the pond in question i.e. Arazi No. 1195 situated in Village Chhichhor Karaundi, Tehsil Sadar, District Mau in favour of Gram Sabha. (ii) Issue a writ, order or direction in the nature of mandamus direct the respondent no.2 to decide the application of the petitioner along with other villagers dated 10.12.2024 within a short period."
3. Counsel for the petitioner submitted that fisheries lease cannot be executed in respect to the plot which is recorded as pond/ gadahi.
4. On the other hand, Mr. Rameshwar Prasad Shukla, learned counsel for respondent- Gaon Sabha and Mr. T.P. Gupta, learned Standing Counsel for the State respondents submitted that public interest litigation for cancellation of fisheries lease in respect to plot in question cannot be entertained.
5. I have considered the arguments advanced by learned counsel for the parties and perused the records.
6. There is no dispute about the fact that plot in question is recorded as Class 6-1 Category plot in the revenue records.
7. The prayer made in the instant public interest litigation is for cancellation of lease executed in favour of respondent no.6.The instant public interest litigation cannot be entertained for cancellation of lease executed in favour
of respondent no.6 rather appropriate proceeding can be initiated in accordance with law.
8. Considering the entire facts and circumstances of the case, the instant public interest litigation is dismissed with observation that appropriate proceeding can be initiated in accordance with law. Order Date :- 14.2.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad