Court No. - 9
Case :- WRIT - C No. - 19495 of 2019 Petitioner :- Chandrabhan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Pratap Yadav,Rajesh Nigam Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
This writ petition has been filed seeking the following reliefs:-
"(i) issue a writ, order or direction in the nature of mandamus directing the respondent authorities to stay the allotment of the lease passed by Sub Divisional Magistrate, Ghosi, District Mau in which the lease of the pond (Arazi No. 446 Area 1.3680 Hectare) has been given in favour of the respondent No. 5 situated at Village - Katihari Bujurg, Tehsil - Ghosi, District - Mau.
(ii) issue a writ, order or direction in the nature of mandamus directing the respondent No. 3 to allot the lease of the pond (Arazi No. 446 Area 1.3680 Hectare) in favour of the petitioner which is situated at Village - Katihari Bujurg, Tehsil-Ghosi, District-Mau."
From the submissions made, it transpires that there is a bald allegation that a fisheries lease has been settled in favour of the respondent no. 5. No documentary evidence of such allotment is available with the petitioner. In the absence of such evidence, it cannot be said that any allotment made in favour of the respondent no. 5.
However, in case, an allotment has been made, it is always open for the petitioner to draw proceedings for cancellation of the allotment.
Subject to the above, this writ petition fails and is dismissed.
Order Date :- 31.5.2019 Mayank