HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9478 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioner. Notice on behalf of respondent nos.1 to 7 has been accepted by the office of Chief Standing counsel. Sri Mohan Singh learned counsel has accepted the notice on behalf of respondent no.8. By means of the instant petition, the petitioner seeks following reliefs: "1. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to proceed for fresh auction of the pond Gata no.171 measuring area 0.862 hectare situated village Sahni Tehsil Rudauli District Ayodhya for allotment of fishery right in light of Section 61 of the U.P. Revenue Code, 2006 read with Rule 57 of U.P. Revenue Code Rules, 2016. The copy of pond Gata no.171 is being annexed here with as annexure no.2 to this petition. 2. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to perform his legal duty under Section 61 of the U.P Revenue Code, 2006 read with Rules 57 of U.P. Revenue Code Rules, 2016 for allotment of fishery right through public auction of pond Gata no.171 measuring area 0.8620 hectare situated village Sahni Tehsil Rudauli District Ayodhya. The copy of the application dated 08.09.2025 is being annexed here with as annexure no.6 to this writ petition. 3. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to take decision on application dated 08.09.2025 to the petitioner in light of law laid down in case of feru vs. State of U.P. and others reported in 2004[22] LCD 86, and Ram Kumar and others vs. State of U.P. and others reported in 2005 E.S.C.[All] 2617 in the interest of justice. 4. To issue a writ, order or direction in the nature of mandamus commanding the Versus Counsel for Petitioner(s) : Anil Kumar Nishad Counsel for Respondent(s) : C.S.C., Mohan Singh Shashi Kant Nishad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others .....Respondent(s) opposite parties to hold inquiry regarding irregularities, in auction dated 03.09.2025 of pond Gata no.171 situated village Sahni Tehsil Rudauli District Ayodhya keeping in view of notification dated 14.08.2025 and published on 22 August 2025 Dainik Jagran and take appropriate action for auction of pond as per law in which auction dated 14.10.2024 has been disapproved by Sub Divisional Magistrate Tehsil Rudauli Distriict Ayodhya on 22.05.2025 in the interest of justice. 5. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to prevent the illegal, arbitrary fishing activities of opposite party no.9 and his supporter on pond Gata no.171 situated village Sahni Tehsiil Rudauli District Ayodhya in which auction dated 14.10.2024 has been disapproved by Sub Divisional Magistrate Tehsil Rudauli District Ayodhya on 22.05.2025 as per law." It appears from the record that initially the State respondents had invited bids for auction of fishery pond which was published in the newspaper on 22.08.2025 wherein the date of auction was mentioned as 03.09.2025. It is not disputed that the auction did not take place on 03.09.2025 and it is also not disputed by the petitioner that the application and the necessary documents were returned to him. In the aforesaid backdrop, a specific query was put to the counsel for the petitioner as to whether any mandamus can be issued to the State authorities for holding an auction for a fishery pond. It has been urged by the counsel for the petitioner that he belongs to fishermen community and therefore he has a right to seek such mandamus. Having heard the aforesaid, this Court finds that for a grant of writ in the nature of mandamus a legal right must be vested in a person, seeking mandamus, who has made a demand which has been refused. In the instant case, the petitioner belonging to a fishermen community can only have a right of participation but there is no legal vested right for directing the State respondent to hold an auction at his pleasure. For the aforesaid reasons, this Court finds that no mandamus as prayed can be granted, accordingly, petition being not maintainable is dismissed. October 8, 2025 Harshita WRIC No. 9478 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench