RAM KUMAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. AND 4 OTHERS
WRIC/9252/2025 · 2025-09-19
Manjive Shukla, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165989 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165989 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9252 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE MANJIVE SHUKLA, J.
Heard Sri S.R. Yadav, learned Counsel for the petitioner and learned Additional Chief Standing Counsel appearing on behalf of the respondent nos.1 to 3. This petition has been filed with the following main prayer:-
"Issue a writ, order or direction in the nature of MANDAMUS direct the opposite parties to decide the petitioner's application dated 09-09-2025 annexed as Annexure No.1 to this writ petitioner as early as possible." It has been contended on behalf of the petitioner that he has planted trees on Khasra no.343 Kha ad-measuring 0.341 ha in Village Aslam Nagar, Tehsil Mohanlalganj, District Lucknow. It has further been contended that as per the provisions made in Section 56 of the U.P. Revenue Code, 2006, if any person had planted trees on a land belonging to the Gram Sabha, then he will have a right to use those trees, but in the present case, inspite of the Gram Pradhan of the concerned Gram Panchayat having verified that the petitioner has planted the trees, the petitioner is not being allowed to cut his eucalyptus trees. Learned Additional Chief Standing Counsel has submitted that in respect Versus Counsel for Petitioner(s) : Salik Ram Yadav Counsel for Respondent(s) : C.S.C. Ram Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. And 4 Others .....Respondent(s)
of the right claimed by the petitioner under Section 56 of the U.P. Revenue Code, 2006, the petitioner has a remedy under Section 58 of the Code of 2006 and therefore he may avail the statutory remedy. In view of the aforesaid submissions, this petition is disposed of with liberty to the petitioner to file an application under Section 58 of the U.P. Revenue Code, 2006 before the Collector concerned within a week from today. If such an application is filed, the same shall be decided as expeditiously as possible, preferably within a period of two months from the date a certified copy of this order is produced before him. September 19, 2025 Rahul WRIC No. 9252 of 2025 2 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench