HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9840 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned Counsel for the petitioner and learned Standing Counsel appearing on behalf of the respondent nos.1, 2, 3, 4, 6 and 7. 2. This petition has been filed with the following main prayer:- "A writ order or direction in the nature of mandamus directing the respondents to ensure that no one including the private respondents catch the fishes from pond of gata no. 709 measuring area 17.506 hectare situated at Village- Machhurena, Pargana-Kukra, Tehsil-Gola, District- Kheri." 3. In view of the order proposed to be passed, issuance of notice to respondent nos. 8, 9, and 10 is dispensed with. 4. It is the case of the petitioner that he had been granted fisheries Patta, being a member of Matsya Zivi Sahkari Samiti Ltd. Sansarpur, Pargana Kukra, Block- Bankeyganj, Tehsil- Gola, District Lakhimpur Kheri, for a period of ten years on Gata No.709 ad-measuring 17.506 hectares, situated in village Machhurena, Pargana- Kukra, Tehsil- Gola, District- Kheri. The petitioner is regularly depositing the lease rent. The petitioner has been fishing peacefully on the pond in question; however, private Versus Counsel for Petitioner(s) : Arvind Kumar Kanaujea Counsel for Respondent(s) : A.S.G.I., Dilip Kumar Pandey Matsya Zivi Sahkari Samiti Ltd. Thru. Member Ram Shankar And Another .....Petitioner(s) Union Of India,Thru. Secy. Fisheries Animal Husbandry And Dairying New Delhi And 9 Others .....Respondent(s) respondent nos. 8, 9, and 10 are creating hindrance in the fishing of the petitioner. They have introduced water chestnut vines into the petitioner's pond and are also doing unauthorized fisheries in the pond in question. The petitioner has submitted an application to the Competent Authority, but no heed has been paid, and therefore, he has approached this Court with the aforesaid prayer. 5. Learned Standing Counsel, on the basis of written instructions sent by the Sub-Divisional Magistrate, Gola Gokaranath, Lakhimpur Kheri dated 06.10.2025, says that on the complaint made by the petitioner, an inspection was carried out. It was found that due to heavy rain, the land around the pond has also been submerged under water. The tenure- holders of such land are raising water chestnut crop, as they cannot do any other form of agriculture on their land, it being submerged in the water. No fishing is being carried out within the area of the pond which has been allotted to the petitioner. The pond is enclosed by an embankment, and the fishing being done within the embankment is only by the petitioner, who is the Patta holder. 6. The instructions are kept on record. 7. The Writ Petition is disposed of with liberty to the petitioner to approach the competent Revenue/Civil Court if he is still aggrieved by any action of the private respondents. October 7, 2025 Rahul WRIC No. 9840 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench