Dukhluram v. State of U.P. and 3 Others

Court No. - 51 Case :- WRIT - C No. - 28314 of 2023 Petitioner :- Dukhluram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suman Kumar Yadav,Vinay Pratap Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J.

¶1The instant petition has been filed for following relief:- a) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2&3 to initiate auction proceeding of the plot Khasara/Pond no. 114 area 1.1370 hectare situated at Village-Jignee, Post-Khajuri, Pargana-Beladaulatabad, Police Station and tehsil-Mehnagar, district-Azamgarh, forthwith, on the basis of Section 61 of the Revenue Code, 2006 as well as Rule 57 of the U.P. revenue Code Rules, 2016 for allotment of lease for period of 10 years. b) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to decide the representation dated 30.05.2023, submitted by the petitioner. c) Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. d) Award the cost of the petition to the petitioner.

¶2This court vide order dated 29.8.2023 directed the standing counsel to obtain instruction in the matter.

¶3In compliance of the order of this Court dated 29.8.2023, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents has placed the instruction dated 18.9.2023 before the Court, which is taken on record.

¶4Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents as well as Rameshwar Prasad Shukla for Gaon Sabha on the basis of instruction dated 18.9.2023 submitted that plot no.114 area 1.137 hectare is recorded as pond in the revenue records. He further submitted that the petitioner was granted fisheries lease on

4.2.2013, which expired on 3.2.2023. He next submitted that the fresh auction in respect to the pond in question has taken place on 30.8.2023, which has been settled in favour of one, Kamlesh Verma son of Chedi Verma. He also submitted that the petitioner is no more.

¶5The instant petition has been filed for the relief that proper auction proceedings be initiated in respect to the pond in question as provided under U.P. Revenue Code, 2006 and the Rules framed thereunder.

¶6Instruction dated 18.9.2023 sent by Sub-Divisional Officer, Mehnagar, District-Azamgarh will be relevant for perusal, which is as under: "

ममनननयउचचनयमयमलयककययजजतससखयम28314/2023 "

ददखमललरममबनममउ०प०सरकमरव03

अनयमम

अनदकश(Instructions) आखय-

ममनननयउचचनयमयमलयककययजजतयमचचकमससखयम28314/2023 "

ददखमललरममबनममउ०प०सरकमरव03 अनय

ममममनननयउचचनयमयमलयइलमहमबमददमरमचदनमसक29.08.2023

कयअनदकश(Instructions)

आखयमदमजखल

चकयकजमनकककआदकशचदयकगयकहह,

उकककसनदररसमदरअवगतकरमनमहहचकगममजजगननपरगनमबकलमददलतमबमद

तहसनलममहनगरजनपदआजमगढककअनतगरतसससतगमटमसस०114

रकबम1.137

हक०रमजसवअचरलकखआकमर

पत41 व45

ववतरममनखतदननममपयखरनखमतकममदजरहह।यमचचकमकतमरददखमललरममपदतसदखमललरममकय

04.02.2023

कयमतसयआवसटनचकयमगयमसम,

जजसककअवजध03.02.2023

कयसममपहयगयन।पटकककअवजध

सममपहयजमनकककउपरमनतचदनमसक15.08.2023

कयचवजमचपकरतकहहएसरनचवजधकचनयममकमपमलनकरतकहहए

चदनमसक30.08.2023

कयतहसनलसरमगमरमममतसयआसवटनहकतदननलममनसमपनकरमयनगयन,

जजसममगममजजगनन

सससतगमटमसस०114

ककमतसयआवसटनचनयममनदसमरकमलकशवममरपदतछकदनवममरजमचतकहमरककपकममककगयन।

वतरममनममयमचचकमकतमरददखललपदतसदकखलककममतयदहयचदककहह।

अततअनदकशआखयमसमदरसकवमममपकचषत। ह०अपठननय (

सनतरसजन) उपजजलमजधकमरन, ममहनगर, आजमगढ।"

¶7In view of the facts mentioned in the instruction dated 18.9.2023 that auction has already taken place on 30.8.2023, as such, no cause of action survives in the matter.

¶8The writ petition is dismissed accordingly. Order Date :- 26.10.2023 Rameez High Court of Judicature at Allahabad