Mani Ram Vs District Magistrate Amethi and 4 Others — Allahabad HC (2025) — LawSathi Research

Mani Ram Vs District Magistrate Amethi and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the S.D.M., Gauriganj, Amethi to look into the petitioner's grievance and pass an appropriate order within three weeks from the date of production of a certified copy of this order before him; no mandamus for possession or restraint of the Gaon Sabha was issued.

Issue for consideration

Whether the petitioner is entitled to possession of the Gata No. 1414/1.2900 hectare land/pond pursuant to the fishery lease dated 10.10.2024 and to restraint of the Gaon Sabha's 'Roopsarovar Saundarikaran', in light of the Gaon Sabha's contention that no lease deed had been executed.

Court's answer

The Court did not itself adjudicate the competing claims; it disposed of the writ petition with a direction to the S.D.M., Gauriganj, Amethi to look into the petitioner's grievance and pass an appropriate order within three weeks from production of a certified copy of the order before him.

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 5508 of 2025, Neutral Citation 2025:AHC-LKO:33570-DB), High Court of Judicature at Allahabad, Lucknow Bench, Coram Sangeeta Chandra and Shree Prakash Singh, JJ., decided 30.5.2025. Petitioner Mani Ram, holder of a fishery lease granted on 10.10.2024 over Gata No. 1414/1.2900 hectare land/pond at Village Bastidei, Tehsil Gauriganj, District Amethi, sought a mandamus for possession of the pond and restraint on the Gaon Sabha's 'Roopsarovar Saundarikaran' (beautification); he complained the licence stood neither cancelled nor were the fees refunded, and representations to the District Magistrate and S.D.M. went unaddressed. Sri Mohan Singh, counsel for the Gaon Sabha, informed the Court that although a fisheries licence had been proposed, no lease deed had been executed and thus no right accrued to the petitioner. The Court disposed of the petition, directing the S.D.M., Gauriganj, Amethi to look into the grievance and pass an appropriate order within three weeks of production of a certified copy of the order. No precedent was cited and no statutory provision was invoked.

Neutral Citation No. - 2025:AHC-LKO:33570-DB

Court No. - 9

Case :- WRIT - C No. - 5508 of 2025

Petitioner :- Mani Ram

Respondent :- District Magistrate Amethi And 4 Others Counsel for Petitioner :- Jitendra Vikram,Suresh Kumar Counsel for Respondent :- C.S.C.,Mohan Singh

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Mohan Singh, learned counsel for the Gaon Sabha.

This petition has been filed with the following prayers:-

"(i) issue writ order or direction in the nature of mandamus thereby directing the concerned opposite parties to provide possession of the Gata No. 1414/1.2900 Hectare Land/pond Situated at Village Bastidei, Tehsil-Gauriganj, Distt.-Amethi as per the Fishery Lease granted to the petitioner on 10.10.2024.

(ii) To issue order a direction in the nature of mandamus further directing the concerned opposite party to restrain the Gaon Sabha for making any process of "Roopsarovar Saundarikaran" over the aforesaid Gata in respect to the illegal alleged proposal passed by Gaon Sabha irrespective of the already Fishery lease Granted to the petitioner over aforesaid mentioned Gata."

Learned counsel for the petitioner submits that the petitioner had been granted a fishery licence over Gata No.144 which is a pond situated in village Bastidei, Tehsil Gauriganj, District Amethi but the Gaon Sabha is now undertaking saundaryikaran (beautification) of said pond and is not letting the petitioner to take out the fish which he has put in the ponds in pursuance of the licence. The licence has not been cancelled till date and the fees, that has been paid, has also not been refunded by the appropriate authority. The petitioner has made representation in this regard to the District Magistrate and also to the Sub Divisional Magistrate.

Sri Mohan Sinjgh, learned counsel for the Gaon Sabha has informed this Court that although the petitioner has been proposed to be given licence of fisheries for the said pond but

no lease deed has been executed till date and, therefore, no right accrues to the petitioner in absence of the lease agreement being executed.

This petition is disposed of with a direction to the S.D.M., Gauriganj, Amethi to look into the grievance of the petitioner and pass appropriate order within a period of three weeks from the date of production of certified copy of this order before him.

Order Date :- 30.5.2025 Ram Murti

Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench