Matsya Jeevi Sahkari Samiti Ltd. Thru. Secy. Jafrul Hasan vs Counsel for Petitioner(s)

2. Heard learned counsel for the petitioner, learned Standing Counsel for the State and learned counsel for respondent no.5.

3. The instant writ petition has been filed by the petitioner for the following reliefs :- (i) Issue a writ, order or direction in the nature of commanding mandamus opposite parties to grant the permission the to catch fishes from Pond/Gata No.1531Ka/33.088 hectare situated in village Talgaon, Pargana and Tehsil Laharpur District Sitapur, which were released in the pond with fish fingerlings by the petitioner after purchasing the same from 2.6.2024 upto 28.3.2025.

4. It is the case of the petitioner that the petitioner's society is registered registered under the U.P. Cooperative Societies Act and authorised only for fishing in the territorial area mentioned by the respondents in the said registration certificate issued to it. A fisheries pond (Pata) was granted in favour of the petitioner on 03.11.2015 for a period of 10 years w.e.f. 13.07.2015 up to 12.07.2025, which has now come to an end. The petitioner has continuously done fisheries work since 2015 in the ponds-in-question and has also developed the pond and has also sown fish seeds/fish fingerlings by purchasing more than Rs.13,00,000/- of such fish seeds from time to time in the previous year. After expiry of the fisheries lease, open auction was conducted in which respondent no.5 has allotted the lease of the 2 WRIC No. 10272 of 2025 pond-in-question on 26.09.2025.

5. It has been submitted by the counsel for the petitioner that the petitioner has continuously made representations to the respondents to allow it to catch the fishes, which he had put in the pond earlier, as he would suffer a loss to the tune of Rs.13,00,000/- if he is not allowed to remove such fish which he has already put in the pond and which is matured and ready to harvest. The respondents have not paid any heed to his representations. It has also been stated that after the lease deed expired on 12.07.2025, due to heavy rain in the area, the petitioner could not catch the fish that he had put in the pond before the auction was conducted on 26.09.2025. The receipts of fish seeds purchased by the petitioner to put in the pond after June, 2024 have been collectively filed as Annexure No.1 to the writ petition.

6. Learned Standing Counsel, on the basis of instructions sent by S.D.M., Laharpur, District Sitapur, states that on the representation of the petitioner, the S.D.M., Laharpur had directed an inquiry to be conducted by the Tehsildar, Laharpur. The Tehsildar, Laharpur has submitted a report regarding Khata No.1245, Gata No.1531Ka, area 33.088 hectare land covered by the pond. The petitioner's society was doing fishing in the said pond after its allotment. The President of the respondent no.5 society, Gaurishankar, has stated that he had put fish seeds in the pond. Such fish seed has been put after the pond was allotted on 26.09.2025. Against the allotment order dated 26.09.2025, the petitioner has filed an appeal registered as Case No.D-2025010640001745, under Rule 59 of U.P. Revenue Code Rules, which is pending and today is the date fixed in the appeal. The petitioner, Jafrul Hasan, was contacted on phone and was asked to appear and participate in the inquiry; however, neither he nor the Gram Pradhan were available during the course of inquiry.

7. The allotment of the pond has been done after following due procedure as prescribed under law. It has also been stated that the petitioner's conduct has not been above board. His conduct does not warrant any mercy to be shown to him as, despite repeated notices being issued to him, lease rent has not been deposited in time. Petitioner has deposited the arrears of Rs.13,23,500/- only on 3 WRIC No. 10272 of 2025

25.06.2025. It has also been stated that Gata No.1201, area 22.342 hectare, was also allotted to the petitioner by way of auction and total lease rent of Rs.11,17,500/- which was due to be paid for such pond was not paid entirely by the petitioner; only Rs.2,23,500/- had been paid and an amount of Rs.8,94,000/- remains to be paid as dues for Gata No.1201, area 22.342 hectare, which pond was also being used by the petitioner for fishing.

8. If the petitioner had put in the fish seeds in the pond-in-question in June, 2024 or thereafter but before June, 2025, the fish would have grown and matured. The President of the respondent no.5 society, Gaurishankar, has only put in the fish seeds after 26.09.2025; his fish would not have matured in 20 days. Therefore, we direct the S.D.M., Laharpur, District Sitapur to ask the respondent no.5 to put in a fishing net in the presence of the petitioner and his own employees and under his supervision in the pond-in-question, i.e., Gata No.1531Ka, area 33.088 hectare, situated in Village Talgaon, Pargana and Tehsil Laharpur, District Sitapur. The fish harvested shall be sold under the supervision of the S.D.M., Laharpur, District Sitapur, and Rs.8,94,000/-, which is due against the petitioner's society for the other pond that was allotted to it, i.e., Gata No.1201, area 22.342 hectare, situated in Village Ramanagar, shall be retained and the remaining amount, if any, of the proceeds from selling of such fish seeds shall be given to the petitioner. Such exercise be carried out within a period of 03 days from the date a copy of this order is produced before the S.D.M., Laharpur, District Sitapur.

9. Accordingly, the writ petition is disposed of. October 17, 2025 Ashish Dewal (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench

2. Heard learned counsel for the petitioner, learned Standing Counsel for the State and learned counsel for respondent no.5.

3. The instant writ petition has been filed by the petitioner for the following reliefs :- (i) Issue a writ, order or direction in the nature of commanding mandamus opposite parties to grant the permission the to catch fishes from Pond/Gata No.1531Ka/33.088 hectare situated in village Talgaon, Pargana and Tehsil Laharpur District Sitapur, which were released in the pond with fish fingerlings by the petitioner after purchasing the same from 2.6.2024 upto 28.3.2025.

4. It is the case of the petitioner that the petitioner's society is registered registered under the U.P. Cooperative Societies Act and authorised only for fishing in the territorial area mentioned by the respondents in the said registration certificate issued to it. A fisheries pond (Pata) was granted in favour of the petitioner on 03.11.2015 for a period of 10 years w.e.f. 13.07.2015 up to 12.07.2025, which has now come to an end. The petitioner has continuously done fisheries work since 2015 in the ponds-in-question and has also developed the pond and has also sown fish seeds/fish fingerlings by purchasing more than Rs.13,00,000/- of such fish seeds from time to time in the previous year. After expiry of the fisheries lease, open auction was conducted in which respondent no.5 has allotted the lease of the 2 WRIC No. 10272 of 2025 pond-in-question on 26.09.2025.

5. It has been submitted by the counsel for the petitioner that the petitioner has continuously made representations to the respondents to allow it to catch the fishes, which he had put in the pond earlier, as he would suffer a loss to the tune of Rs.13,00,000/- if he is not allowed to remove such fish which he has already put in the pond and which is matured and ready to harvest. The respondents have not paid any heed to his representations. It has also been stated that after the lease deed expired on 12.07.2025, due to heavy rain in the area, the petitioner could not catch the fish that he had put in the pond before the auction was conducted on 26.09.2025. The receipts of fish seeds purchased by the petitioner to put in the pond after June, 2024 have been collectively filed as Annexure No.1 to the writ petition.

6. Learned Standing Counsel, on the basis of instructions sent by S.D.M., Laharpur, District Sitapur, states that on the representation of the petitioner, the S.D.M., Laharpur had directed an inquiry to be conducted by the Tehsildar, Laharpur. The Tehsildar, Laharpur has submitted a report regarding Khata No.1245, Gata No.1531Ka, area 33.088 hectare land covered by the pond. The petitioner's society was doing fishing in the said pond after its allotment. The President of the respondent no.5 society, Gaurishankar, has stated that he had put fish seeds in the pond. Such fish seed has been put after the pond was allotted on 26.09.2025. Against the allotment order dated 26.09.2025, the petitioner has filed an appeal registered as Case No.D-2025010640001745, under Rule 59 of U.P. Revenue Code Rules, which is pending and today is the date fixed in the appeal. The petitioner, Jafrul Hasan, was contacted on phone and was asked to appear and participate in the inquiry; however, neither he nor the Gram Pradhan were available during the course of inquiry.

7. The allotment of the pond has been done after following due procedure as prescribed under law. It has also been stated that the petitioner's conduct has not been above board. His conduct does not warrant any mercy to be shown to him as, despite repeated notices being issued to him, lease rent has not been deposited in time. Petitioner has deposited the arrears of Rs.13,23,500/- only on 3 WRIC No. 10272 of 2025

25.06.2025. It has also been stated that Gata No.1201, area 22.342 hectare, was also allotted to the petitioner by way of auction and total lease rent of Rs.11,17,500/- which was due to be paid for such pond was not paid entirely by the petitioner; only Rs.2,23,500/- had been paid and an amount of Rs.8,94,000/- remains to be paid as dues for Gata No.1201, area 22.342 hectare, which pond was also being used by the petitioner for fishing.

8. If the petitioner had put in the fish seeds in the pond-in-question in June, 2024 or thereafter but before June, 2025, the fish would have grown and matured. The President of the respondent no.5 society, Gaurishankar, has only put in the fish seeds after 26.09.2025; his fish would not have matured in 20 days. Therefore, we direct the S.D.M., Laharpur, District Sitapur to ask the respondent no.5 to put in a fishing net in the presence of the petitioner and his own employees and under his supervision in the pond-in-question, i.e., Gata No.1531Ka, area 33.088 hectare, situated in Village Talgaon, Pargana and Tehsil Laharpur, District Sitapur. The fish harvested shall be sold under the supervision of the S.D.M., Laharpur, District Sitapur, and Rs.8,94,000/-, which is due against the petitioner's society for the other pond that was allotted to it, i.e., Gata No.1201, area 22.342 hectare, situated in Village Ramanagar, shall be retained and the remaining amount, if any, of the proceeds from selling of such fish seeds shall be given to the petitioner. Such exercise be carried out within a period of 03 days from the date a copy of this order is produced before the S.D.M., Laharpur, District Sitapur.

9. Accordingly, the writ petition is disposed of. October 17, 2025 Ashish Dewal (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench