Lal Bahadur Sahani vs State Of U.P. And 4 Others
2022 Latest Caselaw 8122 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 20674 of 2022
 

 
Petitioner :- Lal Bahadur Sahani
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Prashant Sharma
 
Counsel for Respondent :- C.S.C.,Sudhir Bharti
 

 
Hon'ble Ajit Kumar,J.

Case called out. Nobody is present on behalf of the petitioner.

Heard learned Standing Counsel and Sri Sudhir Bharti, learned counsel for the Gaon Sabha.

By means of present writ petition filed under Article 226 of the Constitution, the petitioner has prayed for consideration of his application to continue fishing in pond in question, which was earlier allotted in favour of his mother Smt. Ramwati Devi by means of fisheries lease approved on 20th September, 2013. It is after death of his mother on 3rd June, 2021 that petitioner has moved application to the authority concerned for consideration of his claim in the light of judgment of this Court in the case of Gaon Sabha v. Jogi and Others (Civil Writ Petition No. 14988 of 2008) decided on 09.04.2008 wherein this Court relying upon the judgment of this Court dated 09th February, 2005 passed in case of Mohan Lal v. State of U.P. and Others (Writ Petition No. 1553), held that fisheries lease rights are inheritable. Learned counsel for the petitioner submits that the two judgments (supra) still hold the field

Learned Additional Chief Standing Counsel Sri J.P. N. Raj submits that the matter may be directed to be examined by the competent authority, namely, respondent no. 2 in accordance with law.

In view of above, the writ petition stands disposed of with direction to the District Magistrate/Collector Deoria to look into and consider the application of the petitioner in the light of observations made hereinabove, strictly in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of certified copy of this order.

Order Date :- 26.7.2022

Sanjeev