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2025 DAILYLAW 195836 (ALL)

MATSYA JIVI SAHKARI SAMITI LTD. THRU. PRESIDENT RAJENDRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. U.P. LKO. AND 3 OTHERS

WRIC/10611/2025 · 2025-11-14

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10611 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned Counsel for the petitioner. 2. This petition has been filed with the following main prayer:- "Issue a writ order or direction in the nature of mandamus commanding the opposite parties to allow the petitioner to harvest the current crop of chestnut from the ponds in Gata No. 250 Kha area 14.960 hectare, Gata No. 388 Kha area 12.836 hectare, Gata No. 453 Yan area 15.492 and Gata No. 717 Gha area 2.339 hectare situated at village Goswa Doga, Tehsil-Sandila, District- Hardoi, in the interest of justice." 3. Learned Counsel for the petitioner has pointed out the earlier order passed by this Court. 4. Learned Standing Counsel has produced before this Court instructions dated 01.11.2025 sent by the Joint Magistrate/Sub-Divisional Magistrate, Sandila, Hardoi, from which it is evident that petitioner was given patta for growing water chestnut in four ponds, total area measuring 45.627 ha. Since the area was more than 2 ha, the ponds come within the category of large ponds under Section 61 Rule 58 and should have been given to the Versus Counsel for Petitioner(s) : Rajesh Kumar Sharma Counsel for Respondent(s) : C.S.C., Dilip Kumar Singh Matsya Jivi Sahkari Samiti Ltd. Thru. President Rajendra .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. U.P. Lko. And 3 Others .....Respondent(s) Cooperative Societies. The petitioner is a Cooperative Society. It was given patta for ten years over such ponds on 20.07.2015, which period expired on 19.07.2025. The Samiti has fallen in arrears and not deposited the annual rent for the past three years. The annual rent being Rs.8,25,000/- per year. The record was perused and it also found that such arrears have not been deposited till date. Under Rule 57 and Rule 58, it has been provided that no fisheries/ water chestnut patta shall be renewed, the area in question can only be auctioned. The petitioner had no right for renewal of the patta in question and, therefore, he could not have sown water chestnut in the month of May, 2025, as water chestnut was to be harvested only in the month of October after its maturity. 5. The petitioner knew very well that his lease was going to expire on 19.07.2025 and as per Rules, it could not have been renewed. 6. Instructions are kept on record. 7. We do not find any good ground to show interference. 8. The writ petition stands dismissed. November 14, 2025 Rahul WRIC No. 10611 of 2025 2 (Amitabh Kumar Rai,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