Allahabad High Court Orders Inquiry into Fisheries Department's Auction Practices

Court Directs Comprehensive Report on Pond Leasing and Alleged Illegal Fishing Activities

In a significant move aimed at addressing irregularities in the leasing of ponds for fishing activities, the Allahabad High Court, sitting at its Lucknow Bench, has issued directives to the Director of the Department of Fisheries, State of Uttar Pradesh. The court's order comes in response to a writ petition filed under Article 226 of the Constitution of India by a petitioner, Malik, seeking the execution of a lease deed following an auction conducted by the Fisheries Department.

The petitioner had alleged that despite winning the auction for a pond in Village Vijay Grunt, District Sitapur, the lease deed was not executed, and possession was not handed over. This case is not isolated, as numerous petitions have highlighted a disturbing trend wherein successful bidders are left in the lurch without being given possession of the auctioned ponds. The court noted that this practice not only undermines the integrity of the auction process but also results in substantial loss to the public exchequer due to illegal fishing activities by unauthorized individuals.

The bench comprising Justices Shekhar B. Saraf and Prashant Kumar expressed concern over the Fisheries Department's inability to provide adequate explanations for the cancellations of tenders and the failure to communicate these cancellations to the affected parties. The court observed that such devious mechanisms contribute to significant financial losses and hinder legitimate economic activities in the region.

To address these issues, the court has directed the Director of Fisheries to submit a detailed report within two weeks. This report must include the number of ponds available for lease in the state, details of auctions conducted, reasons for any cancellations, and information on currently subsisting leases. Furthermore, the court has sought data on ponds that have not been auctioned or leased for fishing activities.

This directive underscores the judiciary's role in ensuring transparency and accountability in government processes, particularly in sectors vital for local economies. The case is slated for further hearing on December 3, 2025, where the Fisheries Department is expected to present its findings.

Bottom Line:

Writ petition under Article 226 of the Constitution of India filed to command the opposite parties to execute the lease deed in favor of the petitioner pursuant to the auction of a pond for fishing activities - Court directed the Director, Department of Fisheries, State of U.P., to file a detailed report on the status of ponds in the State, auctions conducted, cancellations, and illegal fishing activities causing loss to the public exchequer.

Statutory provision(s): Article 226 of the Constitution of India

Malik v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc Id # 2808611