Mastsyajeevi Sahkari Samiti Ltd. Thru. Its President Rajesh vs Monika Rani Dist. Magistrate Bahraich and 5 Others — Allahabad HC (2025) — LawSathi Research

Mastsyajeevi Sahkari Samiti Ltd. Thru. Its President Rajesh vs Monika Rani Dist. Magistrate Bahraich and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No final adjudication on contempt; direction issued to S.D.M. Tehsil Mahsi, Bahraich and S.H.O. of concerned police station to file affidavits of compliance confirming non-interference by recorded tenure holders, and case listed on 29.7.2025 within top ten cases.

Issue for consideration

Whether the opposite parties have interfered with the applicant society's lease-held fishing rights contrary to the writ court's direction, such that the S.D.M. and S.H.O. must verify non-interference by the recorded tenure holders of the adjoining pond, or whether the contempt application deserves dismissal on compliance shown.

Court's answer

On the record it is evident that fishing rights through a lease were given to the applicant by the State from 10.6.2019 to 9.6.2029, but private respondents, being the recorded tenure holders of the adjoining pond, are creating hindrance in the fishing rights.

Ratio / Principle

The S.D.M., Tehsil Mahsi, Bahraich and the S.H.O. of the concerned police station are directed to file affidavits of compliance stating that the recorded tenure holders are not interfering in the peaceful fishing of the applicant; the case is listed on 29.7.2025 within top ten cases.

Detailed headnote1 paragraphs

Contempt Application (Civil) — alleged interference with lessee cooperative society's fishing rights in pond at Gata No.727, 32M and 602 Kha (4.5180 hectare), Village Tarapur Khurd, Tehsil Mahsi, District Bahraich, leased for 10.6.2019 to 9.6.2029, despite Writ C No.2213 of 2022 direction to Police and revenue authorities to ensure uninterrupted exercise of fishing rights — Standing Counsel's written instructions of Joint Magistrate/S.D.M., Mahsi dated 11.7.2025 state applicant now enjoys rights without interruption — Court records that private respondents are recorded tenure holders of the adjoining pond creating hindrance, and directs S.D.M. and concerned S.H.O. to file affidavits of compliance that the recorded tenure holders are not interfering in the applicant's peaceful fishing — listed 29.7.2025 within top ten cases.

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 4852 of 2024

Applicant :- Mastsyajeevi Sahkari Samiti Ltd. Thru. Its President Rajesh Opposite Party :- Monika Rani Dist. Magistrate Bahraich And 5 Others Counsel for Applicant :- Mohd. Nafees,Pawan Kumar Singh Counsel for Opposite Party :- Ajey Singh

Hon'ble Rajeev Singh,J.

1. Heard.

Written instructions placed by learned Standing Counsel are taken on record.

Learned counsel for the applicant submits that fishing rights were given to the applicant in a pond situated in Gata No.727, 32M and 602 Kha, having an area of 4.5180 hectare, situated in Village Tarapur Khurd, Pargana Fakharpur, Tehsil Mahsi, District Bahraich for the period of ten years, i.e., 10.6.2019 to 9.6.2029, however, respondent nos.5 & 6 are creating hindrance with the association of the then police officials and several complaints were given but no action has been taken, then applicant preferred Writ C No.2213 of 2022, which was disposed of with a direction to the Police as well as District Revenue Authorities concerned, specially Sub Divisional Officer, Mahsi, District Bahraich and S.H.O. of Police Station concerned to ensure the petitioner society is able to exercise its fishing rights in terms of lease granted in its favour without any interruption from any corner. He further submits that respondent nos.5 & 6 are creating hindrance and the complaint was also made to the officials but no action was taken, then present contempt application is filed before this Court.

Sri Amarendra Singh, learned Standing Counsel placed written instructions duly signed by Joint Magistrate/S.D.M., Mahsi dated 11.7.2025 and informed that applicant is enjoying his fishing rights without any interruption, therefore, contempt application may be dismissed.

Considering the contents of the order passed by the writ court as well as contempt application, it is evident from the record that fishing rights through

a lease was given to the applicant by State from 10.6.2019 to 9.6.2029 but private respondents are creating hindrance in fishing rights as they are the recorded tenure holders of adjoining pond, thereafter, Writ C No.2213 of 2022 was filed, which was disposed of with the direction to the Police as well as District Revenue Authorities concerned, specially Sub Divisional Officer, Mahsi, District Bahraich and S.H.O. of Police Station concerned to ensure the petitioner society is able to exercise its fishing rights in terms of lease granted in its favour without any interruption from any corner.

List this case on 29.7.2025 within top ten cases.

The S.D.M. Tehsil Mahsi, Bahraich as well as S.H.O. of concerned police station are directed to file affidavit of compliance stating therein that aforesaid recorded tenure holders are not interfering in the peaceful fishing of the applicant.

Order Date :- 14.7.2025 GauraV/-

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench