Court No.-19
Case :- WRIT - C No. - 22937 of 2020 Petitioner :- Rameshwar Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent:-C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed with following prayers:
"I. Issue writ, order, or direction in the nature of mandamus commanding the District Magistrate, Basti/respondent no.2 to consider and decide the representation dated 12.10.2020 of the petitioner and pass appropriate order according with law.
II. Issue writ, order, or direction in the nature of mandamus directing the respondent authority to ensure and protect the right of the petitioner in respect of fisheries ponds allotted to him and restraining the respondent no.4 for illegal interfere in the fisheries pond in question.
III. Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper into the facts and circumstances of the case.
IV. Award cost of the writ petition."
With consent of learned counsel for the parties, this writ petition is heard on the basis of instructions given by State respondent, which are taken on record.
Learned Standing Counsel on instructions submitted that the authorities have undertaken enquiry in pursuance of the application filed by the petitioner and recorded the statements of the then Gram Pradhan and other villagers who stated that they are not disturbing the fisheries rights on the lease area of the petitioner, even the petitioner has confirmed that no such incident of disturbance has occurred recently.
This Court had passed an order on 19.2.2021, whereby the respondents were restrained from interfering in the fishery rights of the petitioner during the tenure of his contract, no instance of violation of the interim order is brought on record.
Pankaj Kumar Gupta, learned counsel appearing on behalf of the Gaon Sabha, respondent no.5 has also endorsed that the Gaon Sabha is not disturbing the fishery rights of the petitioner.
In view of the above, nothing remains to be adjudicated in this writ petition.
This writ petition is disposed of with the direction to the respondents not to cause any hindrance with the legal fishery rights granted to the petitioner by way of allotment of lease except by a due process of law.
Order Date:-13.8.2021 SB