Neutral Citation No. - 2025:AHC-LKO:36419-DB Court No. - 2 Case :- WRIT - C No. - 5996 of 2025 Petitioner :- Matasya Jeevi Sahkari Samiti Ltd. Thru. President Indrajeet Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 3 Others Counsel for Petitioner :- Girish Kumar Pandey,Sher Bahadur Yadav Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sher Bahadur Yadav, learned counsel for the petitioner as well as learned Standing counsel for the respondents. 2. It has been submitted that the petitioner has been granted fishing patta of the land of gata No.106 Min., area 0.379 hectare situated in Village Mustafabad, Pargana Aldemau, Tehsil Kadipur, District Sultanpur. It has further been stated that previously patta was executed in favour of the uncle of the petitioner which existed since 27.8.2009 to 26.8.2019 and subsequently the petitioner has been granted the said patta on 24.2.2025. 3. The grievance raised in the present writ petition is that the said pond is surrounded by eucalyptus trees which are inhibiting the usage of the said pond and have to be cleared for effective fishing by the petitioner and in this regard the petitioner has made an application to Sub Divisional Magistrate i.e. opposite party No.3 on 3.4.2025 and the same has not been decided till date. Accordingly, the present writ petition has been filed seeking a direction to opposite party No.3 to consider and decided the said representation expeditiously. 4. It has further been submitted that the trees are eucalyptus trees which are exempted under the notification dated 28.1.1982 i.e. U.P. Protection of Trees Act, 1976 issued by the State Government. Once eucalyptus trees has been included under the notification issued under the provisions of Section 21 of the said Act of 1976, the entire Act of 1976 would not apply and there would not be any illegality in removing the said trees. 5. Learned Standing counsel has informed this Court that the petitioner is only a lessee and not the owner of the said land while the owner of the land would be Gaon Samaj and unless and until the Gaon Samaj moves appropriate application no permission can be granted to cut the said trees. Accordingly, let opposite party No.3 consider and decide the application of the petitioner. While considering the same, he shall also consider the aspect as to whether permission can be granted to the petitioner or the same can be granted to the Gaon Sabha. 6. In this regard, let the representation be decided by opposite party No.3 within four weeks from the date a certified copy of this order is placed before him in accordance with law and communicate his decision to the petitioner. 7. With aforesaid direction the petition stands disposed of. (Arun Kumar Singh Deshwal, J.) (Alok Mathur, J.) Order Date :- 25.6.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench