SATYANAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Amar Nath Dubey, learned Counsel for the petitioner and Sri Manish Mishra, learned Standing Counsel for respondent Nos.1 and 2/State.

(2.) On 30.6.2011, the Sub-Divisional Magistrate/respondent No.2 has executed fisheries' lease in favour of Tilak Ram, S/o late Dukhi Ram, R/o Village Sultanpur, Tehsil Rudauli, District Ayodhya with respect to Khasra No.330 Ka, area about 1.134 hectare, situated in Village Gosval (Sultanpur), Tehsil Raudauli, Disrtrict Ayodhya and the same is valid upto 29.6.2021. On account of death of Tilak Ram on 28.5.2019, the petitioner being his legal heir has filed an application on 20.9.2019 before respondent No.2 for allotment of fisheries pond in his place.

(3.) In view of the law laid down in the case of Smt. Gyan Mati and others v. State of U.P. and others, Writ Petition No.27765 (MB) of 2016, decided on 23.11.2016, learned Counsel for the petitioner has submitted that appropriate direction be issued to respondent No.2/Sub-Divisional Magistrate to consider the claim of the petitioner for grant of inheritable right in place of Tilak Ram pertaining to Khasra No.330 Ka, area about 1.134 hectare, situated in Village Gosval (Sultanpur), Tehsil Raudauli, Disrtrict Ayodhya. Order dated 23.11.2016 reads as under:-