HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36440 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE SIDDHARTH NANDAN, J. 1. Heard Sri Ashutosh, learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. Petitioner is basically aggrieved by the objection being raised by the respondent Nos. 4 & 5 in removing a tamarind tree which is fallen upon the land of the petitioner. 3. It is contended that tree was standing quite away from the land in question, which is subject matter of dispute in Writ - C No.- 8928 of 2007 but since it has been fallen upon the land of the petitioner, entire dispute is being created. It is submitted that he has already having an order of stay as to his possession qua the land in question and, therefore, there should no issue with the Sub Divisional Magistrate directing for removal of tree. 4. However, upon perusal of the interim protection order granted on 17th May, 2010, we find that this order is in respect of the portion of the land in question for which possession has been protected, which portion the petitioner is in possession is returnable only after the inquiry. For this purpose, therefore, the petitioner should seek an appropriate relief in pending petition being Writ - C No.- 8929 of 2007, where respondent Nos. 4 & 5 are the parties. 5. In the circumstances, we declined to entertain this petition. However, liberty rests with the petitioner to seek appropriate relief in a pending writ petition being Writ - C No.- 8929 of 2007, if so advised. Versus Counsel for Petitioner(s) : Ashutosh Counsel for Respondent(s) : C.S.C. Pankaj And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 6. Subject to aforesaid liberty, this petition is consigned to records. September 18, 2026 Atmesh WRIC No. 36440 of 2026 2 (Siddharth Nandan,J.) (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad