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2025 DAILYLAW 29403 (ALL)

SHYAM SUNDER AND ANOTHER v. STATE OF U.P. AND 6 OTHERS

WRIC/7501/2025 · 2025-03-16

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38370 Court No. - 33 Case :- WRIT - C No. - 7501 of 2025 Petitioner :- Shyam Sunder And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Bashisth Narain Pandey Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Prakash Padia,J. 1. The petitioners have preferred the present writ petition with the following prayer: "i) to issue writ, order or direction in the nature of mandamus, restraining the respondents from interfering in the peaceful fish farming activities of the petitioners on Pond Gata No. 243 area 0.523 hectare in Village-Vishunpur, Tehsil-Bhanupur, District-Basti, during the lease period. ii) to issue a writ, order or direction in the nature of mandamus directing the respondent authority to ensure the right of the petitioners in fishing activities and prevent unlawful interference by the private respondents." 2. It is argued that the patta of fishery rights was allotted in favour of the father of the petitioner namely, late Buddhu alias Budhiram for a period of ten years ie. from 10.2.2016 till 9.2.2026. It is further argued that the arrears on the aforesaid patta was also deposited by the petitioners who are the son of late Buddhu. It is furtehr argued that though the petitioners are entitled to continue with the fish forming pursuant to the patta granted in favour of their father, respondents are interfering, hence a representation has been submitted by the petitioner before Respondent No.3 namely, Sub Divisional Magistrate, Bhanpur, Disrict-Basti. It is further argued that till date no decision has been taken, hence the present writ petition. 3. On the other hand it is argued by the learned Standing Counsel that in case the petitioners submits a fresh representation ventilating their grievances before respondent no.3, he will take decision expeditiously. 4. Heard learned counsel for the petitioners and perused the record. 5. In view of the order proposed to be passed herein, no useful purpose would be served by putting the private respondent to notice and keeping this petition pending before this Court. However, in case the private respondent feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved. 6. In the facts and circumstances of the case, the present petition is disposed of directing the petitioner to file a fresh representation before Respondent No.3 namely, Sub Divisional Magistrate, Bhanpur, Disrict-Basti and the said representation shall be decided by respondent no.3 strictly in accordance with law most expeditiously and preferably within a period of three weeks from the date of production of fresh representation along with certified copy before the Court below but without granting unnecessary adjournment unless there is no legal impediment. Order Date :- 17.3.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad