Allahabad High Court
/11810/2025 of MATSYA JIVI SAHKARI SAMITI LTD. KHARIKA THRU. ITS PRESIDENT RAJENDRA, VILL. KHARIKA, SANDILA HARDOI Vs STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. U.P. LKO. AND 3 OTHERS on 4 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11810 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears on behalf of respondent Nos.1 to 3 and Shri Dilip Kumar Pandey, learned
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 11810 of 2025
Court No. - 2
HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
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1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears on behalf of respondent Nos.1 to 3 and Shri Dilip Kumar Pandey, learned counsel appearing on behalf of respondent No.4.
2. This petition has been filed with the following prayers :- "I. Issue a writ order or direction in the nature of mandamus commanding the opposite parties to adjust and deduct the balance amount (Premium) 16,26,500/ rupees from security amount 43,95,420 / rupees deposited by petitioner on 05.08.2014 for allotment of ponds on lease and if petitioner is allowed to harvest the Singhada (Chestnut) crop then 8,25,000/ for the year 2025-26 from the ponds in Gata No.250 Kha area 14.960 hectare, Gata No.388 Kha area 12.836 hecctare, Gata No.453 Yan area 15.492 and Gata No.717 Gha area 2.339 hectare situated at village Goswa Doga, Tehsil- Sandila, District- Hardoi in the interest of justice.
II. Issue a writ order or direction in the nature of mandamus commanding the opposite party No.2 & 3 to decide the application dated 20.11.2025 moved by the petitioner, in the interest of justice.
III. Issue a writ order or direction in the nature of mandamus commanding the opposite parties to hold an auction for harvesting the standing crop of chestnut (Singhada) and fish in ponds situated at Gata No.250 Kha area 14.960 hectare, Gata No.388 Kha area 12.836 hectare, Gata No.453 Yan area 15.492 and Gata No.717 Gha area 2.339 hectare situated at village Goswa Doga, Tehsil- Sandila, District Hardoi, in the interest of justice. Versus Counsel for Petitioner(s) : Rajesh Kumar Sharma Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Matsya Jivi Sahkari Samiti Ltd. Kharika Thru. Its President Rajendra, Vill. Kharika, Sandila Hardoi .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. U.P. Lko. And 3 Others .....Respondent(s)
IV. Issue any writ order or direction which this Hon'ble Court may deem just fit and proper, in the interest of justice. V. Allow the writ petition with cost."
3. Learned Standing Counsel and learned counsel for the respondent No.4 have pointed out Annexure-1 to the writ petition, which is an order dated 14.11.2025 passed by this Court in Writ-C No.10611 of 2025, which was filed by the petitioner, Matsya Jivi Sahkari Samiti Ltd. through President Rajendra. This Court had not granted the relief to the petitioner as prayed for regarding permission to remove chestnut (Singhada) crop and fish which he had sowed in the four ponds in question.
4. Now the petitioner has prayed that the respondents be directed to deduct the money that is owed by the petitioner-Samiti from the security amount of Rs.43,95,420/- which the petitioner has already deposited on 05.08.2014 before the respondents.
5. He has additionally prayed that he may be allowed to harvest the chestnut (Singhada) crop and remove the fish from the ponds in question. Such prayer, having been rejected by this Court in its earlier order dated 14.12.2025, cannot be granted now in a second writ petition.
6. This petition is disposed of with the direction to the respondents to adjust their dues, which are evidently against the petitioner- Samiti, from the security amount that has already been deposited by the petitioner allegedly on 05.08.2014 at the time when the four ponds were allotted to him. If the same has been deposited by way of bank draft and is maintained in a separate account and if the security amount has not already been forfeited for violation of terms and conditions of the lease. Upon adjustment, if any money remains in the account of the petitioner maintained as security, the said money shall also be returned to the petitioner within four weeks. December 4, 2025 Shubhankar WRIC No. 11810 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench