Court No. - 42
Case :- WRIT - C No. - 10422 of 2021 Petitioner :- Ram Naresh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kanhaiya Lal Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Learned counsel for the petitioner submits that he may be permitted to implead the concerned Gaon Sabha as one of the respondents in the present writ petition.
Prayer aforesaid is allowed. He may do so during the course of the day.
Incidentally Sri Pankaj Kumar Gupta who usually represents the Gaon Sabha is present in Court.
Learned counsel for the petitioner undertakes to supply a copy of this writ petition to Sri Pankaj Kumar Gupta, learned counsel for the Gaon Sabha.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Pankaj Kumar Gupta, learned counsel appearing for the Gaon Sabha.
Present writ petition has been filed seeking a writ of mandamus directing the respondent no. 3, the Sub-Divisional Magistrate, Tehsil Harraiya, district Basti to grant patta of pond in favour of the petitioner for the purpose of fisheries, which is situated in Gata no. 00538, Khasra No. 1118Kha Area 1.5550 hectare in Village Jeetipur, Tehsil Harraiya, district Basti and to decide the representation of the petitioner dated 9.12.2020 within a stipulated period as fixed by this Court.
Submission is that the fishery patta was granted in favour of the petitioner in the year 2018. However, till date, the same has not been settled in favour of the petitioner and he is not given to carry out fishing.
Learned counsel appearing for the respondents submits that the grievance of the petitioner can be suitably considered by the respondent no. 3.
Considering the facts and circumstances of this case, this writ petition stands disposed of with a direction to the respondent no. 3, the Sub- Divisiional Magistrate, Tehsil Harraiya, district Basti to consider the grievance of the petitioner, in accordance with law, preferably within a period of two months from the date of production of a self attested copy of this order which may be verified from the website of this Court.
It is made clear that this Court has not examined the claim of the petitioner on merits.
No costs.
Order Date :- 30.7.2021 p.s.