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Neutral Citation No. - 2025:AHC:24595 Court No. - 34 Case :- WRIT - C No. - 4825 of 2025 Petitioner :- Shyam Narayan Respondent :- State Of U.P. And 4 Other Counsel for Petitioner :- Krishnakant Verun Kumar,Suneel Kumar Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"i). Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.10.2024 passed by respondent no.2 by way of which pond situated at gata no.1834M area 0.527 in Village and Post Sumhadeeh, Tehsil - Phoolpur, District Azamgarh was allotted to the respondent no.5. ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to not to interfere in petitioner's peaceful possession over the plot no.1813 situated in Village and Post Sumhadeeh, Tehsil Phoolpur, District Azamgarh."
3. By the order impugned dated 25.10.2024, lease of fisheries rights has been granted to respondent No.5.
4. Learned Standing Counsel has pointed out that an appeal is provided under Rule 59 of the U.P. Revenue Code Rules, 2016, according to which any person aggrieved may prefer an appeal before the Collector. Rule 59 of the U.P. Revenue Code Rules, 2016 is quoted as under:
"59. Every lease referred to in rule 57 or rule 58 shall be deemed to be a lease for agricultural purpose, and any person aggrieved thereby may prefer an appeal to the Collector within 30 days from the date of approval by the Sub-Divisional Officer and subject to the provisions of section 210, the order of the Collector shall be final."
5. In view of the availability of alternative remedy, I am no inclined to interfere in the matter.
6. The writ petition is disposed of with liberty to the petitioner to avail the alternative remedy as provided under Section 59 of the U.P. Revenue Code Rules, 2016. Order Date :- 19.2.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad