NANHAKAI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 7 OTHERS
/9390/2025 · 2025-09-23
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166277 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166277 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9390 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned Counsel for the petitioner and learned Additional Chief Standing Counsel appearing on behalf of the respondent nos.1 to 3. 2. This petition has been filed by the petitioner with the following main prayer:-
"i). Issue, a writ, order or direction in the nature of mandamus commanding the opp. parties concerned to grant the permission to the petitioner for cutting of 109 eucalyptus trees in accordance with law which are situated in land Gata No.976 and 979 situated in village and pargana Balamau Tehsil Sandila, District Hardoi, in the interest of justice."
3. It has been contended on behalf of the petitioner that he has planted trees on Khasra no.976 ad-measuring 0.031 hectare in village Balamau, Tehsil Sandila, District Hardoi. 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, in spite 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 Versus Counsel for Petitioner(s) : Durgendra Kumar Tiwari Counsel for Respondent(s) : C.S.C. Nanhakai .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 7 Others .....Respondent(s)
eucalyptus trees. 4. Learned Additional Chief Standing Counsel has submitted that in respect 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. 5. 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 23, 2025 Shukla WRIC No. 9390 of 2025 2 (Brij Raj Singh,J.) (Mrs.
Sangeeta Chandra,J.) Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench