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2025 DAILYLAW 157568 (ALL)

SANJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO AND 6 OTHERS

WRIC/7807/2025 · 2025-08-18

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48084-DB Court No. - 2 Case :- WRIT - C No. - 7807 of 2025 Petitioner :- Sanjay Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko And 6 Others Counsel for Petitioner :- Surya Narayan Mishra Counsel for Respondent :- CSC,Pankaj Gupta Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. This writ petition has been filed with following main prayers:- "(i) Issue a writ, order or direction in the nature of Mandamus restraining the respondents from converting Gata No.377, situated at Village Vishwa Ganesh, Pargana, Tehsil and District Gonda, in to a dumping ground, in the interest of justice. (ii) Issue a writ, order or direction in the nature of certiorari quashing the proposal/order, if any, for making dumping ground at Gata No.377, situated at Village Vishwa Ganesh, Pargana, Tehsil and District Gonda, after summoning the same, in the interest of jusitce. (iii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to protect the standing trees on Gata No.377 and not allow felling without proper forest and environmental clearance." It has been submitted by learned counsel for the petitioner that the petitioner's father had been granted patta by a Gram Sabha for growing trees over land of Gata No.377, which was recorded as banjar. The petitioner's house is on Gata No.376 in the same village i.e Village Vishwa Ganesh, Pargana, Tehsil and District Gonda. The respondents are now uprooting the trees and the petitioner, being aggrieved, has filed several representations, which have not been considered. Hence this writ petition has been filed with the aforesaid prayers. Learned counsel appearing for the State-respondents and Gram Sabha stated that the petitioner has an appropriate remedy of filing an application under Section 58 of the Uttar Pradesh Revenue Code, 2006 before the Collector with regard to the dispute relating to the right of trees allegedly planted by the father of the petitioner. This writ petition is disposed of with direction to the petitioner to approach the appropriate forum. (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 18.8.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench