Neutral Citation No. - 2025:AHC-LKO:47318-DB Court No. - 2 Case :- WRIT - C No. - 7548 of 2025 Petitioner :- Ravi Prakash Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko And 5 Others Counsel for Petitioner :- Rajendra Singh Chauhan,Akhand Pratap Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Dilip Kumar Pandey, learned counsel appearing for the Gram Sabha. 2. This writ petition has been filed with the following main prayers:- "(i) Issue a writ, order or direction n the nature of mandamus commanding and restraining the opposite parties from cutting down or auctioning the trees in question standing in the Sahan of the petitioner without adopting the due procedure prescribed by law. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to admeasure and demarcate the land bearing Gata No.68 recorded as Banjar in Khatauni 1425-1430 Fasli and Khasra 1432 Fasli and remove the encroachment within such time bound period as may be deemed fit and fixed by this Hon'ble Court." 3. It has been submitted by learned counsel for the petitioner that the name of the petitioner and his brother is recorded over aabadi Gata No. 69 area 358.85 Sqmt. sitated in Village Kindhauliya, Pargana Baadi, Tehsil Sidhauli, District Sitapur. The vacant land of such gata is being used as Sahan by the petitioner and his brother. They have sown 04 Eucalyptus and 01 Gular trees on the eastern side of such Sahan, which trees are around 45 years old. On Gata No. 68 area 0.5820 Hectare recorded as banjar belonging to Gram Sabha a road is being constructed. In 2021, Smt. Snehlata W/o Sri Anirudh Singh had made a complaint against one Mithilesh Kumar Singh S/o Om Prakash Singh alleging encroachment on land of Gata No. 68 belonging to Gram Sabha. The Opposite Party no.3, the Sub-Divisional Officer, Sidhauli has submitted a report on 14.06.2021. Now the Area Lekhpal and Revenue Inspector on colluding with Sri Mithilesh Kumar Singh have submitted a fresh false report on 08.04.2025 before the Tehsildar, Sidhauli stating that the trees in question are standing on the banjar land of Gata No. 68 and since they are old trees, they may fall down at any time and hence they need to be felled and sold off in auction. The petitioner on coming to know of such move has sent an application to the Sub-Divisional Officer, Sidhauli and he has directed the Tehsildar to conduct an inquiry and take necessary action. No action has been taken on his complaint and now the authority are proposing to auction the trees belonging to the petitioner which they have planted in their own Sahan in Gata No. 69. 4. Learned Standing Counsel for the State Respondents has pointed out that the disputed questions of fact have been raised in this petition as there are two conflicts in reports. Any dispute of such nature relating to trees is covered by Section 56 to 58 of the U.P. Revenue Code where the dispute can be decided initially by the District Collector and in case any person is aggrieved, he may file an appeal before the Commissioner within thirty days of the order. 5. Accordingly, the writ petition stands disposed of with direction to the petitioner to move an appropriate application before the District Collector in accordance with the manner prescribed under the Rules within a week from today. If such an application is moved within time prescribed, the District Collector shall call for a report and try and decide the matter, as expeditiously as possible, say within a period of six weeks, thereafter. Order Date :- 13.8.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench