R.H. Zaidi, J. - (1.) HEARD learned counsel for the petitioner and learned Standing Counsel and also perused the record. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the peaceful possession of the petitioner over ponds No. 251 and 237 of village Sultanpur, Gram Sabha Birbarpur, of which the lease is stated to have been granted on 12.1.2001 in favour of petitioner.
(2.) IT has been urged by the learned counsel for the petitioner that although the lease of the ponds in question was granted in accordance with law but the respondents are not permitting the petitioner to carry on his business of fishing. Before filing the present petition, petitioner has also filed the applications/complaints asserting his rights before the concerned authorities. An application is also stated to have been filed before the District Magistrate, Ghazipur, which is still pending disposal before him. Since the factual controversy is involved in the present case, therefore, this petition cannot be entertained under Article 226 of the Constitution of India. However, this petition is disposed of finally with a direction to the respondent No. 1 to look into the matter and take decision on the applications/complaints filed by the petitioner within a period of one month from the date a certified copy of this order is communicated to him, after affording opportunity of hearing to the concerned parties.;