Rajesh Singh vs State of U.P. Thru. Prin. Secy. Environment Climate Change Deptt. Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

Rajesh Singh vs State of U.P. Thru. Prin. Secy. Environment Climate Change Deptt. Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with liberty to the petitioner to make a fresh representation to the District Magistrate with proof of violation; the District Magistrate to decide it after affording due opportunity to respondent no.5 and, if warranted, issue instructions for obeying the conditions without fail.

Issue for consideration

Whether Condition No.4 of the fishing-rights lease contract, permitting use of the pond for general facilities by local residents, is being violated by respondent no.5, warranting cancellation of the lease. +1 more

Court's answer

No concrete proof of the alleged violation of Condition No.4 by respondent no.5 had been brought on record.

Ratio / Principle

The petitioner is at liberty to approach the District Magistrate concerned with a fresh representation along with proof of violation, if any; such representation shall be decided by the District Magistrate after affording due opportunity to respondent no.5 and, if so warranted, necessary instructions shall be issued for obeying the conditions without fail.

Detailed headnote1 paragraphs

Public Interest Litigation seeking a writ of mandamus directing respondents no.3 and 4 to cancel the ten-year lease granted to respondent no.5 for fishing rights over the pond on Gata No.434 jha (measuring area 11.3190 hectare) at Village Khapdadeeh Barausa, Tehsil Jaisingpur, District Sultanpur. The petitioner contended that Condition No.4 of the lease contract, permitting use of the pond for general facilities by local residents, was being breached, and a representation to that effect had earlier been made to the District Magistrate, Sultanpur. The Court observed that no concrete proof of the violation had been brought on record. Rather than cancelling the lease, the Court disposed of the petition with liberty to the petitioner to submit a fresh representation to the District Magistrate along with proof of violation, directing that such representation be decided after affording due opportunity to respondent no.5 and, if warranted, that necessary instructions be issued for strict compliance with the contract conditions.

Neutral Citation No. - 2025:AHC-LKO:30577-DB

Court No. - 1

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 509 of 2025

Petitioner :- Rajesh Singh Respondent :- State Of U.P. Thru. Prin. Secy. Environment Climate Change Deptt. Lko. And 4 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- C.S.C.

Hon'ble Attau Rahman Masoodi,J. Hon'ble Rajeev Singh,J.

Heard learned counsel for the petitioner and learned counsel for the respondent no.5.

The instant writ petitioner has been filed seeking a writ of mandamus or any other appropriate writ/order/direction directing the respondent no.3 and 4 to cancel the lease granted for fishing rights to respondent no.5 on Gata No.434 jha measuring area 11.3190 hectare situated at Village- Khapdadeeh Barausa, Tehsil- Jaisingpur, District- Sultanpur.

Admittedly, respondent no.5 has been awarded the contract for ten years upon the pond in question subject to compliance of certain conditions. According to the petitioner, the Condition No.4 which permits the use of pond for general facilities by local residents is being violated by the respondent no.5. Representation on behalf of the residents appears to have been made to the District Magistrate, Sultanpur regarding the violation of the said condition. However, no concrete proof regarding the violation has been brought on record.

The petitioner is at liberty to approach the District Magistrate concerned by making a fresh representation along with the proof of violation, if any. In case, any such representation is made, the same shall be decided by the District Magistrate after affording due opportunity to respondent no.5 and if so warranted, necessary instruction be issued on the representation for obeying the conditions without fail.

With the aforesaid view, the present petition is disposed of.

(Rajeev Singh,J.) (Attau Rahman Masoodi,J.)

Order Date :- 22.5.2025/V. Sinha

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench