Dismissed¶¶16

Summer v. State of U.P. and 4 Others

Allahabad HC7 Jul 2025WRIC/19705/2025

Case brief

AI extract

What is this about?

Fisheries lease arrears; recovery of Rs.3,03,036/- as arrears of land revenue by Sub Divisional Magistrate; notice dated 16.04.2022; earlier challenge in Writ - C No.22081 of 2022 disposed 10.08.2022; Article 226 of the Constitution; writ petition dismissed for default in lease payment; petitioner Summer v. State of U.P.; Allahabad High Court; Justice Rohit Ranjan Agarwal; decided 8.7.2025; neutral citation 2025:AHC:107789.

What did the court decide?

No case for interference is made out because the petitioner defaulted in payment of the lease amount after grant of fisheries right; consequently the writ petition fails and is dismissed. ¶¶15

Summer Vs State of U.P. and 4 Others — Writ and Judicial Review | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:107789

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Court No. - 34

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Case :- WRIT - C No. - 19705 of 2025

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Petitioner :- Summer Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Prakash Patel Counsel for Respondent :- Arun Kumar Pandey,C.S.C.

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Hon'ble Rohit Ranjan Agarwal,J.

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The petitioner had earlier approached this Court challenging the show cause notice through Writ - C No.22081 of 2022 and the said writ petition was disposed of on 10.08.2022 and following order was passed :

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"Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Arun Kumar Pandey, learned counsel for the Gaon Sabha.

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By means of this petition filed under Article 226 of the Constitution, the petitioner has challenged the notice dated 16.04.2022, whereby, he has been directed to deposit the pending amount against the fisheries lease that was executed in favour of the petitioner in the year 2012.

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Learned counsel for the petitioner submits that the repeatedly he has been making applications to the District Magistrate and Sub Divisional Officer concerned regarding the fact that there existed no pond on the spot and area got occupied by the persons as Abadi.

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Be that as it may, this Court declines to interfere in the matter at this stage while lessee has waited nearly 10 years to expire his lease and did not pay amount due. However, considering the fact that at different stages petitioner had moved applications in the past, he is permitted to move a fresh application in terms of the earlier application moved by him on 20.12.2017, 10.05.2018 and the last one on 11.02.2020 within a period of three weeks from today and in the event any such application is moved afresh, the same shall be considered and disposed of by the authority concerned namely the Sub Divisional Magistrate before proceeding further on the notice dated 16.04.2022, on its own merit.

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With the aforesaid observations and directions, this petition stands disposed of."

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From perusal of the order it transpires that the coordinate Bench

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had refused to entertain the said matter as the lessee had waited for 10 years and did not pay the amount due.

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The present writ petition has been filed assailing the order issued by Sub Divisional Magistrate for realization of Rs.3,03,036/- as arrears of land revenue, from the petitioner.

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No case for interference is made out as the petitioner has defaulted in payment of the lease amount after grant of fisheries right.

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Writ petition fails and is hereby dismissed.

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Order Date :- 8.7.2025 Kushal

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Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad

Summer v. State of U.P. and 4 Others

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Summer v. State of U.P. and 4 Others

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