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2025 DAILYLAW 59870 (ALL)

SANTOSH KUMAR SINGH v. STATE OF U.P. AND 2 OTHERS

WRIC/15922/2025 · 2025-05-18

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83138 Court No. - 35 Case :- WRIT - C No. - 15922 of 2025 Petitioner :- Santosh Kumar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Shukla,Lok Nath Shukla Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 2. The instant writ petition has been filed for the following relief: "i. to issue a writ, order or direction in the nature of mandamus commanding the respondents to consider for renewal of the Patta dated 29.12.2015 (Annexure.no.1 to the writ petition) in favour of the petitioner for catching and raring of fish in respect of pond i.e. old pond no. 111 new pond no. 315 situated at village Kanakpur, Tehsil Sadar, District Jaunpur, after the period of the aforesaid Patta dated 29.12.2015 will come to an end on 8.9.2025, within the period to be stipulated by this Hon'ble Court; ii. to issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to consider and pass appropriate order on the representation of thepetitioner dated 5.2.2025 (Annexure.no.4 to the writ petition), within the period to be stipulated by this Hon'ble Court;" 3. Contention of the learned counsel for the petitioner is that fisheries lease was granted to the petitioner in the year 2015, which is going to expire in the year 2025. It has been contended by the learned counsel for the petitioner that the respondent authorities have fixed a date for fresh auction of pond for which, the petitioner was granted fisheries lease. It has been further contended that in the agreement entered into between the petitioner and the State authority, there is a clause of renewal after expiry of the grant of lease and, therefore, it has been prayed by the learned counsel for the petitioner that respondents be directed to consider the extension of lease granted to the petitioner in the year 2015. 4. Learned Standing Counsel has submitted that in view of sub rule 12 of Rule 57 of U.P. R.C. Rules, 2016 after expiry of the fisheries lease, the lease cannot be extended. 5. In view of the same, no relief can be granted to the petitioner. However, petitioner will be at liberty to participate in the auction likely to be held in pursuance of the advertisement already issued and in case, the petitioner participates in the auction, his case may also be considered in accordance with law. 5. With these observations, the present petition stands disposed of Order Date :- 19.5.2025 Priya (Manish Kumar Nigam,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad