Court No. - 37
Case :- WRIT - C No. - 18034 of 2018 Petitioner :- Vijay Shankar Tripathi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinod Shankar Tripathi Counsel for Respondent :- C.S.C.,Diwakar Singh Hon'ble Siddhartha Varma,J.
The respondent no.4 was granted fisheries lease over a pond situated in Plot No.503. Thereafter he allegedly restrained the other villagers from using the pond for the purposes of washing clothes, watering the cattle, digging out the earth for pottery work and for such other like purposes. They approached the District Magistrate, Allahabad by means of the application dated 8.12.2017. When nothing has been done on the application, the petitioner approached this Court. Rule 57(15) of the U.P. Revenue Code Rules, 2016 reads as under:
"57(15). During the period of lease the rights of the local residents to use the tank for purposes of washing clothes, watering the cattle, digging out earth for purposes of pottery or the likes shall remain undisturbed."
The petitioner, who is a villager in the village Hariram Patti, is aggrieved by the fact that respondent no.4 is not allowing him and other villagers to use the pond.
The District Magistrate, Allahabad shall see as to whether the averments made in the writ petition are correct and if they are correct, then he may take action against respondent no.4.
The writ petition is, accordingly, disposed of.
Order Date :- 27.7.2018 GS (Siddhartha Varma, J.)