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2025 DAILYLAW 190860 (ALL)

ANIRUDDH v. STATE OF U.P. AND 4 OTHERS

WRIC/35803/2025 · 2025-10-13

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35803 of 2025 Court No. - 6 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Om Prakash Chaubey, learned counsel for the petitioner and Sri Abhishek Shukla, learned Additional Chief Standing Counsel appearing for the State respondents. The present petition has been filed seeking quashing of the auction proceedings stated to have been held on 3.9.2025/10.9.2025, advertised on 11.8.2025 in respect of lease of fishery rights over pond situate over land of Gata No. 157, area 1.131 hectare, Village Awarahi Kritpura, Tehsil Kaptanganj, District Kushinagar. A further prayer has been made for stay of the auction proceedings. The principal ground which is sought to be taken to challenge the auction proceeding is that the petitioner is the present lease holder of the pond in question, the lease of which is to expire on 27.10.2025. Counsel for the petitioner has not been able to point out any legal right which entitles a lease holder to challenge auction proceedings for grant of lease rights for a subsequent period. The writ petition is not entertainable for the relief, as sought. It is Versus Counsel for Petitioner(s) : Om Prakash Chaube Counsel for Respondent(s) : C.S.C., Sudhir Bharti Aniruddh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) accordingly dismissed. The dismissal of the writ petition would not preclude the petitioner from operating the lease till the expiry of its term, provided the petitioner is legally entitled for the same, and there is no other legal impediment. October 14, 2025 Arun K. Singh WRIC No. 35803 of 2025 2 (Dr. Yogendra Kumar Srivastava,J.) Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad