HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5381 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. 1. Heard learned counsel for the petitioner, Shri Mohan Singh, learned counsel for the respondent No.3 and learned Standing Counsel for State- respondent Nos.1 and 2. 2. By means of the instant petition, the petitioner assails an order dated 30.01.2024 passed by learned Civil Judge (Junior Division), North, Court No.25, Sultanpur in Original Suit No.343 of 2021, whereby an application preferred by the petitioner under Section 151 of Code of Civil Procedure, 1908 seeking permission to cut green trees planted surrounding a fisheries pond was rejected. 3. Apparently, this Court finds that there is no material on record to indicate or explain the delay in filing the petition assailing the order dated 30.01.2024. Coupled with the fact that the said order, if at all assailable, could be challenged through proceedings as per the Code of Civil Procedure, for that reason also, the petition under Article 227 of the Constitution of India is not maintainable at this stage. 4. Learned counsel for the petitioner has also relied upon a decision of the Division Bench of this Court in Writ-C No.5996 of 2025 dated 25.06.2025 to buttress his submission that the eucalyptus tress planted on the periphery of the fishery pond are exempted and do not require prior permission. 5. From the perusal of the said order, it appears that this was a submission Versus Counsel for Petitioner(s) : Onkar Nath Pandey Counsel for Respondent(s) : C.S.C., Mohan Singh Mohd. Iliyas .....Petitioner(s) State Of U.P. Thru. District Magistrate Sultanpur U.P. And 5 Others .....Respondent(s) made before the Division Bench by the counsel for the petitioner; however, there is no clear finding regarding the applicability of the said notification. In the circumstances, the matter was directed to be placed before the Sub Divisional Magistrate concerned to take a decision. Hence, the aforesaid order also does not come to the rescue of the petitioner. 6. Accordingly, this Court is not inclined to entertain the petition, which is dismissed, leaving it open for the petitioner to take recourse as may be available to him in law. It is further clarified that in case the petitioner has any remedy, the same shall be considered and decided by the authority on its own merits and the petitioner shall not be non-suited purely on the ground that the instant petition has been dismissed. September 9, 2025 Shubhankar A227 No. 5381 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench