Allahabad High Court
SUJEET KUMAR SONKARversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petitioner, as the highest bidder, had no enforceable right to compel the issuance of the fishery lease, and the petition was dismissed.
Summary
The petitioner, Sujeet Kumar Sonkar, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and other respondents to consider and issue a fishery lease (Machhli Palan Patta) for a specific plot of land in Kaushambi district. The petitioner claimed he was the highest bidder for the lease and that the advertisement for the lease was wrongly withdrawn because the earlier lease period had not yet expired. The respondents argued that being the highest bidder does not confer a legal right to the lease and that the advertisement was correctly withdrawn. The court held that the petitioner had no enforceable right to compel the issuance of the lease and therefore dismissed the petition. The court ordered the refund of the amount deposited by the petitioner within three weeks of his application.
Issues considered
- What is the legal right, if any, of a highest bidder to compel the issuance of a fishery lease through a writ of mandamus?
- Whether the withdrawal of the lease advertisement due to the non‑expiry of the earlier lease period justifies denial of the petitioner's claim.
Subjects
- fishery lease
- mandamus
- public procurement
- administrative law
- lease award
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 11694 of 2026
Sujeet Kumar Sonkar
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Singh Patel, Dheerendra Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. This petition has been filed for the following relief:-
"i) Issue a writ, order or direction in the nature of Mandamus
commanding the respondents to consider and issue the fishery lease
(Machhli Palan Patta) in favour of the petitioner regarding Gata No.
1760, area 1.3460 hectare, situated in Village Afzalpurwari, Tehsil
Sirathu, District Kaushambi within a time bound period
ii) Issue a writ, order or direction in the nature of Mandamus
commanding the respondent no.2/3 to consider and decide the
representation/application of the petitioner regarding allotment of fishery
lease (Machhli Palan Patta) of Gata No. 1760, area 1.3460 hectare
situated in Village Afzalpurwari, Tehsil Sirathu, District Kaushambi
within a stipulated period as may be fixed by this Hon'ble
Court.(Annexure No.1 to this writ petition)."
2. Instructions have been submitted by learned Standing Counsel, which
are taken on record.
3. On the basis of instructions, it has been submitted that wrong
advertisement was issued by the respondent authorities as the earlier
period of lease has not expired on the date of advertisement and therefore,
the same was withdrawn. It has also been stated by learned Standing
Counsel that petitioner has been informed to withdraw the money
deposited by him. Petitioner was the highest bidder and no lease has been
executed in his favor. Merely being the highest bidder, the petitioner has
WRIC No. 11694 of 2026
2
no right to compel the respondents to grant lease to him.
4. In view thereof, no relief can be granted to the petitioner. Accordingly,
the petition is dismissed.
5. The amount already deposited by the petitioner shall be refunded to the
petitioner within three weeks from the date when the petitioner applies for
the same along with a certified copy of this order.
(Manish Kumar Nigam,J.)
May 6, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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