Shatrohan v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Revenue Lko. and 3 Others

Court No. - 2 Case :- WRIT - C No. - 10948 of 2024 Petitioner :- Shatrohan Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Revenue Lko. And 3 Others Counsel for Petitioner :- Ajai Kumar Singh,Raj Kumar Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner as also the learned Addl. C.S.C. and perused the record. The fishery rights in respect of the pond in question, which were earlier settled in favour of the petitioner, have now been settled with another one, as submitted by the petitioner's counsel himself, however, as the petitioner's wife is suffering from Cancer, therefore, it is said that the petitioner was not able to exercise fishery rights while the patta was in force and, therefore, he may be given opportunity to exercise the fishery rights, as he has already planted roe in the pond. We are unable to accept such request of the petitioner under Article 226 of the Constitution of India when, fishery rights have already been settled in favour of another one and the grant of lease to him has not been challenged on any valid ground. The writ petition is disposed off accordingly. (Brij Raj Singh, J.) (Rajan Roy, J.) Order Date :- 18.12.2024 A.Nigam High Court of Judicature at Allahabad, Lucknow Bench