Neutral Citation No. - 2025:AHC:128454 Court No. - 34 Case :- WRIT - C No. - 6789 of 2025 Petitioner :- Ram Murti Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Chandra Maurya Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. The petitioner claims that he was granted fisheries right in the year 1998, which was for 10 years starting from 10.09.1998 to 09.9.2008. During this period, he had planted eucalyptus trees around the pond. The petitioner was again granted fisheries right on 28.01.2025 which is for 10 years till 27.01.2035. 2. The petitioner claims that the eucalyptus trees standing on the four corners of the pond be settled with him and he be permitted to cut and take away the eucalyptus trees. Reliance has been placed upon provision of Section 57 of the U.P. Revenue Code, 2006 (hereinafter called as "the Code"). 3. Learned Standing Counsel has opposed the prayer made in the writ petition and submits that no such relief can be granted as there was a vacuum of 17 years as the initial lease had come to an end in the year 2008 and he was granted fresh fisheries lease in 2025. There is no evidence to substantiate the claim of the petitioner. 4. I have heard the learned counsel for the parties and perused the material on record. 5. From the pleadings made in the writ petition it is amply clear that the initial fisheries lease, which was granted for a period of 10 years, commenced in the year 1998 and ended in 2008. After a gap of 17 years, the petitioner was again granted fisheries right in the year 2025 which will continue till 2035 if the terms and conditions are maintained by the petitioner. 6. The claim for cutting of the eucalyptus trees, which are standing around the four corners of the pond, cannot be directed by this Court as no evidence has been produced by the petitioner to substantiate the claim that he had planted the trees in the year 1998 and has a right to cut and take away them. The factual dispute cannot be adjudicated while exercising jurisdiction under Article 226 of constitution of India. 7. The writ petition fails and is hereby dismissed. Order Date :- 31.7.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad