MUFIDUL HASAN v. STATE OF U.P. THRU. PRIN. SECY. FOREST LKO. AND 7 OTHERS
/11925/2025 · 2025-12-15
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174146 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174146 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11925 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsel appearing on behalf of the parties. 2. This petition has been filed by the petitioner with the following main prayers :-
"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 Eucalyptus Trees situated in land gata no.213 situated at village Rasulpur Aant Tehsil Sandila District Hardoi in the interest of justice. ii. Issue a writ, order or direction in the nature of mandamus commanding the opp. Parties concerned to consider and decide the representation of the petitioners as contained in Annexure No. 1 to this writ petition expeditiously within the stipulated time as provided by this Hon'ble court in the interest of justice."
3. It has been contended on behalf of the petitioner that he has planted trees on Khasra no.213 ad-measuring 2 bigha in village Rasulpur, 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., Dilip Kumar Pandey Mufidul Hasan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Forest 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. December 15, 2025 cks/- WRIC No. 11925 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench