Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33788 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J.
1. Petitioner, before this Court, claims that he was granted lease in respect of pasture land which is land recorded under Section 132 of U.P.Z.A. & L.R. Act as Public Utility Land on 03.01.1994 for period of 30 years. According to petitioner, the lease was initially cancelled which led to filing of Original Suit No.118 of 2001 before the Civil Judge (Junior Division), Kairana, District- Muzaffar Nagar which was decreed on 04.04.2013, against which, the State had filed Civil Appeal No.63 of 2013 which was partly allowed on 07.11.2015 to the extent that the lease so granted would remain valid for period of 30 years. According to petitioner, period of 30 years came to an end in 2024, and proceedings under Section 67 of U.P. Revenue Code, 2006 could not have been initiated against the petitioner for eviction. 2. Sri K.K. Mani, learned counsel appearing for Gaon Sabha submits that only asami rights under Section 197 of U.P.Z.A. & L.R. Act could be granted in respect of land mentioned in Section 132, and the maximum period can be of five years. He further contends that the period of lease, as claimed by the petitioner, has already expired. 3. Sri Abhishek Shukla, learned Additional Chief Standing Counsel has submitted that the petitioner wants the extension of lease for period of 10 years. As the lease stood determined on 02.01.2024 after the period has come to an end, petitioner has no right to continue over the said land. 4. I have heard counsel for the parties and perused the material on record. 5. It is an undisputed fact that the land in question has been recorded as Versus Counsel for Petitioner(s) : Marjeet Mishra, Surendra Kumar Chaubey Counsel for Respondent(s) : C.S.C., Kaushal Kishore Mani Mohammad Hasan .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
pasture land in the revenue records which falls under Section 132 of U.P.Z.A. & L.R. Act. The said land cannot be leased out and at the most, the Land Management Committee with the approval of the Sub Divisional Officer under Section 197 can grant only asami rights.
As it is evident from the revenue record that the lease was executed on 03.01.1994 in favour of petitioner for plantation which does not mention the period of lease. The claim of petitioner that it was for period of 30 years cannot be established from the approval granted way back in the year 1994, however, as the Civil Court had recorded finding while deciding the Civil Appeal in the year 2015 that the petitioner to continue till the period of 30 years has already elapsed on 02.01.2024. 6. This Court finds that the occupation of the petitioner cannot continue over the pasture land which is recorded under Section 132 of U.P.Z.A. & L.R. Act in the garb of proceedings initiated under Section 67 of U.P. Revenue Code, 2006. 7. I find that no case for interference is made out while exercising jurisdiction under Article 226 of the Constitution of India. 8. Writ petition fails and is hereby dismissed. 9. However, as far as the claim for cutting trees is concerned, petitioner has a remedy of moving an application before revenue authorities. In case, any application moved by the petitioner is pending consideration before the authority, the same shall be decided strictly in accordance with law. September 24, 2025 SK Goswami WRIC No. 33788 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad