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IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Lallan Upadhyay – Appellant
Versus
Board Of Revenue U.P. At Prayagraj – Respondent
JUDGMENT :
Chandra Kumar Rai,J.
In Re: Civil Misc. Amendment Application No. 1 of 2025
1. In view of the facts mentioned in the affidavit filed in support of the application, the application is allowed.
2. Learned counsel for the applicant-petitioners is permitted to make necessary amendment in the writ petition.
Order on Writ Petition
1. Heard Mr. Ram Kishore Pandey, learned counsel for the petitioners, Mr. Bhupendra Kumar Tripathi, learned counsel for the respondent no.4- Gram Sabha and learned Standing Counsel for the State-respondents.
2. Brief facts of the case are that according to the petitioner, he was granted fisheries lease on 8.9.1987 in respect to the pond, situated over plot nos.146, 149 and 179, for a period of 10 years i.e from 8.9.1987 to 8.9.1997 but state/gram sabha is denying the execution of any lease in favour of father of petitioner No- 2 to 4. The Land Management Committee interfered with the right of the petitioner for fisheries, hence, petitioner filed Writ Petition No.38365 of 1995. This Court vide order dated 14.5.1995, directed the authority concerned, not to dispossess the petitioner from the plot with respect to his fisheries right. The petitioner filed an ap
Court affirmed that without a valid lease, petitioners are not entitled to fisheries rights, allowing for ejectment and damages under the U.P. Revenue Code, 2006.
The court affirmed the eviction order but quashed the damages due to lack of conclusive evidence and procedural irregularities in the assessment of damages.
Damages awarded for illegal possession must be substantiated by evidence; failure to prove the Halka Lekhpal's report renders the damages arbitrary.
No rights can accrue over public utility land based on long possession; damages must be calculated according to established rules.
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
The eligibility criteria for fishery lease allotment as per Rule 57 of U.P. Revenue Code Rules, 2016 must be met for a valid allotment.
Eviction upheld for illegal encroachment on public utility land, but damages quashed due to failure to comply with mandatory calculation procedures.
The court ruled that revenue authorities must diligently evaluate evidence and properly calculate damages in eviction proceedings under the U.P. Revenue Code.
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