Mushtaq Ahmad vs State Of U.P. And 6 Others on 26 April, 2023
8. Learned counsel for the petitioner in this backdrop submits that the opening of the Dam and draining of the fishes outside the dam was well within the knowledge of the authorities. Moreover, on account of said incident the entire financial liability may not be fastened exclusively on the petitioner. Instead of taking humanitarian consideration in favour of the petitioner, the respondent authorities in most arbitrary manner had decided the matter inspite of the fact that earlier recommendation was made in favour of the petitioner, which was duly acknowledged by the State Government. He has vehemently contended that the said action cannot sustain in the eyes of law and the same is also hit by principles of natural justice. In support of his submission, he has placed reliance on the judgement of this Court in Civil Misc. Writ Petition No.64030 of 2015 (Satyabeer Singh vs. State of UP and ors) decided on 01.03.2016.