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Neutral Citation No. - 2025:AHC:52637 Court No. - 35 Case :- WRIT - C No. - 10562 of 2025 Petitioner :- Dhurv Narayan Singh Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Krishna Nand Yadav,Rahul Kumar Gupta,Subhash Chandra Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed with the following prayer:
"(a) issue a writ, order or direction in the nature of certiorari quashing the impugned auction dated 01.02.2025 (Annexure No. 1 to this writ petition) made by Sub Divisional Magistrate, Hata, District Kushi Nagar. (b) issue a writ order or direction in the nature of mandamus directing the respondents not to interfere in the peaceful fisheries rights of the petitioner over the Pokhari no. 85 area 0.530 hectare of Village Singhpur, Tehsil Hata, District Kushi Nagar, till disposal of revision, pending before the Commissioner Gorakhpur Region Gorakhpur." (c) issue a writ, order or direction in the nature of mandamus directing the Commissioner Gorakhpur Region Gorakhpur, to decide the Revision No. C202505000000013 (Dhruv Narayan Singh Versus Balram Singh and others) in accordance with law, within speaking and reasoned order within stipulated period of time."
3. Contention of the learned counsel for the petitioner is that fisheries lease was granted to the petitioner on 04.01.2019. On an appeal filed by private respondents, fisheries lease of the petitioner has been cancelled by order dated 26.12.2024 passed by respondent no. 3. Against the order dated 26.12.2024, the petitioner has preferred a revision and during the pendency of the revision, the pond of which fisheries lease was granted to the petitioner was advertised for re-auction. In this regard, the petitioner moved an application before the revisional court that the revision of the petitioner may be decided before the re-auction otherwise third party rights will be created. 4. Learned Standing Counsel has submitted that no useful purpose would be served and respondent no. 2 be directed to consider the revision filed by the petitioner expeditiously. 5.
Accordingly, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 2 to consider and decide the aforementioned revision filed by the petitioner, in accordance with law, expeditiously, preferably within a period of two months from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 6. It is further provided that till the disposal of the revision, third party rights will not be created regarding the pond of which fisheries lease was granted to the petitioner. Order Date :- 10.4.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad