Anoop Kumar Paswan v. State of U.P. Ad 4 Others

Allahabad HC5 Feb 2025WRIC/2638/2025

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What is this about?

Allahabad High Court, WRIT - C No. 2638 of 2025, decided 7.7.2025 by Rohit Ranjan Agarwal, J. (2025:AHC:106141): cancellation of fisheries (Matsya Palan) auction for pond Gata No. 255, Village Kalyanipur, Tehsil Rasara, District Ballia; refund of Rs.30,000 bid deposit (1/4 of bid amount) directed within two weeks; petitioner permitted to bid in fresh auction; disposed of without deciding merits or the revisable-order maintainability objection.

What did the court decide?

Direction to the Sub Divisional Officer, Tehsil-Rasara, District-Ballia to return Rs.30,000/- deposited by the petitioner pursuant to the 2024 auction within two weeks, and permission to the petitioner to participate in any fresh auction; petition disposed of without adjudication on merits ¶¶12

Anoop Kumar Paswan vs State of U.P. Ad 4 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:106141

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Court No. - 34

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Case :- WRIT - C No. - 2638 of 2025 Petitioner :- Anoop Kumar Paswan Respondent :- State Of U.P. Ad 4 Others Counsel for Petitioner :- J.P.N. Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla

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Hon'ble Rohit Ranjan Agarwal,J.

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This writ petition has been filed with the following prayers:-

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"a) Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 15.10.2024, issued/passed by Sub Divisional Officer, Tehsil- Rasara, District-Ballia/respondent no.3 (Annexure No. 6 to this writ petition).

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b) Issue writ order or direction in the nature of mandamus, directing the respondent no.3 to permit the petitioner for fisheries (Matsya Palan) in pond of Gata No. 255 area 0.6720 hectare, situated in Village-Kalyanipur, Tehsil Rasara, District Ballia in pursuance of auction bid dated 24.9.2024."

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It is contended that an auction for fisheries right was held in which petitioner being the highest bidder had deposited Rs.30,000/- towards the bid amount with Sub Divisional Officer, Tehsil-Rasara, District-Ballia. Subsequently, the auction was cancelled by order dated 15.10.2024.

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A preliminary objection has been raised by learned Standing Counsel as to maintainability of the writ petition on the ground that the order impugned is a revisable order.

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Learned counsel for the petitioner submits that Rs.30,000/- has been deposited with the authorities which is 1/4 of the bid amount and the said amount has not been returned.

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As no useful purpose would be served in keeping the matter pending or calling for counter affidavit or issuing notice to private respondents, Sub Divisional Officer, Tehsil-Rasara, Distric-Ballia is hereby directed to return Rs.30,000/deposited by petitioner pursuant to auction which has taken place in the year 2024, within two weeks from today. However, whenever fresh auction is held, petitioner is permitted to participate in the bid.

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With the aforesaid directions, writ petition stands disposed of.

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It is made clear that this Court has not adjudicated the matter on merits.

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Order Date :- 7.7.2025//V.S.Singh

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Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad

Anoop Kumar Paswan v. State of U.P. Ad 4 Others

Case brief

What is this about?

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Anoop Kumar Paswan v. State of U.P. Ad 4 Others

Case brief

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