Extracted from the PDF above. The PDF is authoritative.
2026:UHC:187 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS 3558/2025
Hon’ble Manoj Kumar Tiwari, J.
Mr. Ravindra S. Rawat, Advocate, for the petitioner.
Mr. Suyash Pant, Standing Counsel, for the State.
(2) Petitioner sought permission to cut 120 poplar trees standing over the land belonging to Gram Sabha. Permission was refused by Sub Divisional Magistrate, Laksar, vide order dated 20.11.2025, on the ground that the trees are standing over public utility land, which does not belong to any private individual. Another reason, which was indicated for refusing permission, was that proceedings for eviction of unauthorised occupants are pending under Section 122-B of Zamindari Abolition & Land Reforms Act. In this writ petition, petitioner has challenged the order dated 20.11.2025, passed by SDM, Laksar.
(3)
Learned Counsel for the petitioner submits that proceedings under Section 122-B of Zamindari Abolition& Land Reforms Act have been decided in favour of Gram Sabha.
(4) Learned State Counsel is right in pointing out that the relief sought by the petitioner cannot be granted in a writ petition. For getting permission, petitioner has to prove that he is the owner of the land in question. Learned Counsel for the petitioner fairly concedes that the land belongs to Gram Sabha.
(5) In view of the aforesaid admitted position, the trees standing over public
2026:UHC:187 utility land or land belonging to Gram Sabha cannot be permitted to be cut by private individual. Thus there is no scope for interference with the impugned order. Writ petition fails and is dismissed.
(Manoj Kumar Tiwari, J.)
6.1.2026 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE 53, cn=PRABODH KUMAR Date: 2026.01.06 17:27:41 +05'30'