Neutral Citation No. - 2025:AHC-LKO:44942-DB Court No. - 2 Case :- WRIT - C No. - 7208 of 2025 Petitioner :- Kesari Prasad Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 4 Others Counsel for Petitioner :- Ashok Kumar Mishra Counsel for Respondent :- C.S.C.,Manoj Sahu Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard Shri Ashok Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 to 4 and Shri Manoj Sahu, learned counsel for the respondent no.5. 2. This writ petition has been filed with the following main prayers :- "(i) issue a writ, order or direction in the nature of mandamus commanding and directing to the opposite party nos.2 to 4 to consider and dispose of the representations dated 15.02.2023 (Annexure no.6 and 11.03.2025 (Annexure 8) and take immediate steps to remove the dried trees standing on Gata No.1000 (Old Nos.2815, 2816 and 857) measuring 17 biswa situated at village Mirzapur Nimauli, Nagar Panchayat Bharat Kund, Bhadarsa, District Ayodhya and demarcate the land as per law in the interest of justice ; (ii). issue a writ, order or direction in the nature of mandamus commanding and directing to the opposite party nos.2 to 4 to provide the possession of over the land Gata No.1000 (Old Nos.2815, 2816 and 857) measuring 17 biswa situated at village Mirzapur Nimauli, Nagar Panchayat Bharat Kund, Bhadarsa, District Ayodhya to the petitioner on its original gata or any other equivalent gara/land of the land in question, in the interest of justice." 3. Learned counsel for the petitioner submitted that the petitioner is a recorded tenure holder and co-sharer of Gata No.1000 (Old Nos.2815, 2816 and 857) measuring 17 biswa situated at village Mirzapur Nimauli, Nagar Panchayat Bharat Kund, Bhadarsa, District Ayodhya on the basis of a registered sale deed dated 26.09.1960. During consolidation operations, Gata No.1000 was divided into multiple sub-Gatas i.e. 1000K, 1000Kh, 1000G, 1000Gh, 1000D etc. but there was a failure to demarcate the physical boundary resulting in possession related dispute. 4. Due to persistent boundary dispute, the petitioner filed a partition suit under Section 116 of the U.P. Revenue Code, 2006 before the Tehsildar which is pending. Several trees were planted jointly by ancestors of the petitioner along with other co-tenure holders and some of them have now dried up, fallen on the land, obstructing its peaceful use. 5. On 15.02.2023, the petitioner submitted a detailed representation to the SDM (opposite party no.3) seeking removal of dried trees and proper demarcation of his land. The Revenue authorities submitted a report on 25.02.2025 stating that no demarcation is required. The petitioner and his brother jointly moved a fresh application to the District Magistrate on 11.03.2025 for cutting dried trees and to clear demarcation but the said application is still pending. 6. The Nagar Panchayat, in the meanwhile, issued a tender for constructions of a boundary wall which also included part of petitioner's land without his consent. The petitioner and his brother Sheetla Prasad Yadav filed a Writ Petition under Article 227 of the Constitution of India praying for a direction to the Tehsildar to decide the partition suit expeditiously, which was disposed of on 30.05.2025, wherein the Court observed that the partition suit be decided in accordance with law within six months from the next date fixed in the case. 7. Petitioner has again given a representation with regard to the removal of dried trees but nothing has been done. Hence, the present petition has been filed. 8. Shri Manoj Sahu, on the basis of instructions sent by Executive Officer, Nagar Panchayat, Ayodhya states that Gata No.1000 area 0.60 hectares is a banjar land which was demarcated in the presence of petitioner's brother Sheetla Prasad Yadav, kesari Prasad and other villagers by the Area Lekhpal and after oral consent being obtained from the villagers concerned, the land is being utilized for the purpose of a public park for which boundary wall is proposed to be made. The Nagar Panchayat, Bharatkund does not propose to remove the trees as they will only increase the beauty of the public park. 9. In the said instructions, a copy of demarcation carried out on Gata No.1000K, 1000Kh, 1000G, 1000Gh and 1000D have been enclosed. 10. The spot memo prepared also carries the signature of the petitioner and his brothers. 11. The said instructions are kept on record. 12. We find no good ground to grant the prayers as made in the writ petition. 13. The writ petition is dismissed. Order Date :- 4.8.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench