MATSYA JIVI SAHKARI SAMITI LIMITED AND ANOTHER v. STATE OF U.P. AND 20 OTHERS
WRIC/14006/2025 · 2025-05-05
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51668 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51668 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:72046 Court No. - 35 Case :- WRIT - C No. - 14006 of 2025 Petitioner :- Matsya Jivi Sahkari Samiti Limited And Another Respondent :- State Of U.P. And 20 Others Counsel for Petitioner :- Niraj Tiwari,Rohit Tiwari 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. The instant writ petition has been filed for the following relief:
"(a) Issue a writ, order or direction in the nature of certiorari quashing the the ex- party impugned order dated 20.3.2025 passed by Additional District Magistrate (F/R) Azamgarh respondent no.3 (Annexure-11 to this writ petition). (b)Issue a writ order or direction in the nature of mandamus commanding the respondents including the police authorities to protect the petitioners from the illegal unlawful interference by the complainant/respondent no. 6 to 21 in the peaceful fisheries by the petitioners bearing Gata No. 207M area 12.623 hec i.e. Pond/Taal which has been duly allotted and approved on 4.10.2024 and 7.10.2024 respectively by ignoring the ex-party impugned order dated 20.3.2025 passed by Additional District Magistrate (F/R) Azamgarh respondent no.3 (Annexure-7 to this writ petition)."
3. This petition has been filed challenging the order dated 20.03.2025 passed by respondent no. 3 by which respondent no. 3 has granted an interim injunction in proceedings under Rule 59 of the U.P. Revenue Code Rules, 2016. 4. Contention of the learned counsel for the petitioner is that patta was granted to the petitioner and an agreement was entered into between the petitioner and the State and the interim order has been granted without even affording opportunity to the petitioner. 5. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and the petitioner may be directed to file an application for vacation of the interim order granted by respondent no. 3 which shall be decided by respondent no. 3 in accordance with law. 6. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with liberty to the petitioner to move application for vacating the interim order within a week and in case, such an application is filed, the same shall be considered
and decided by the respondent no.
3, in accordance with law, expeditiously, preferably within a period of four weeks 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. Order Date :- 6.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad