Neutral Citation No. - 2025:AHC:39147 Court No. - 35 Case :- WRIT - C No. - 7877 of 2025 Petitioner :- Ram Chandra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anand Kumar Srivastava,Bhawesh Pratap Singh Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the records. 2. This writ petition has been filed for the following reliefs: "i) issue a writ, order or direction in the nature of mandamus directing the respondent No. 3 to decide the grievance of the petitioner in regard to demarcation of useful land for purposes of fisheries right as per lease deed in Gata No. 240 measuring area 0.810 Hectare mentioned in the revenue record as pond situated in village T.T. Padila, Pargana and Tehsil- Soraon, District- Prayagraj and also revised the fix tax as per land in use for fisheries right within specified period as fixed by this Hon'ble Court. ii) issue a writ, order or direction in the nature of mandamus directing the respondent No. 3 to decide the representation dated 17.12.2024 within specified period as fix by this Hon'ble Court." 3. The facts as mentioned in the writ petition are that the petitioner was granted fishery lease of pond bearing Gata No. 240 measuring area 0.810 hectare situated at village T.T. Padila, Pargana and Tehsil- Soraon, District- Prayagraj. The lease was granted to the petitioner from 13.08.2015 to 12.08.2025. As per the case of the petitioner, at the spot, the area which was available for fishing was lesser than 0.810 hectares as mentioned in the lease deed for the reason there existed residential constructions over the land which was allotted to the petitioner. The petitioner filed an application on 13.05.2024 through registered post to the District Magistrate for demarcation of the area of the pond which can be utilized for the purposes of fishery lease and also requested that the lease rent may be reduced, accordingly, as per the actual area which is found after the demarcation. Another application dated 17.12.2024 was also filed by the petitioner through registered post. According to the petitioner, both the applications filed by the petitioner have not been decided causing huge loss to the petitioner as the area available for the actual fishing is less than what is mentioned in the lease deed and therefore, the petitioner is entitled for lesser lease rent. 4. Learned Standing Counsel has submitted that the lease was granted to the petitioner in the year 2015 which is going to expire in the year 2025. The applications have been moved by the petitioner at a very late stage i.e. in May, 2024 and December 2024 after carrying out of his fisheries operations for more than eight years and therefore, the petitioner is not entitled for demarcation and accordingly, for lesser amount of rent. 5. Learned counsel for the petitioner relied upon an order passed by the Sub Divisional Magistrate, Phoolpur, wherein Sub Divisional Magistrate, Phoolpur has reduced the lease rent after the demarcation as it was found that the area actually available on spot was lesser than what was mentioned in the lease deed. The said order is at page No. 32 of the writ petition. 6. Learned Standing Counsel has invited attention of the court that on the said order, which is at page No. 32, the lease was granted in the year 2017 and the order was passed in the year 2020 wherein, in the present case, the applications have been moved by the petitioner at the fag end of the period of lease i.e. one year before the expiry of lease. 7. In view of these facts, I am of the opinion that the petitioner has carried out fishing operations as per the terms and conditions of the lease deed executed in his favour in the year 2015 and now at the fag end of the lease, he wants a demarcation and a consequential reduction of lease rent. There is no material on record to demonstrate that immediately after being put in possession of the land after the execution of lease deed, the petitioner made any effort for getting the land demarcated. Therefore, I am of the view that the petitioner is not entitled for any relief and consequentially, the writ petition is dismissed. Order Date :- 19.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad