Sudhir Kumar Sing And Another vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5317 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 3631 of 2022
 

 
Petitioner :- Sudhir Kumar Sing And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lko. And 10 Others
 
Counsel for Petitioner :- Angrej Nath Shukla
 
Counsel for Respondent :- C.S.C.,Mohan Singh
 

 
Hon'ble Rajan Roy,J.

Hon'ble Syed Waiz Mian,J.

Heard.

In response to the order of this Court dated 15.06.2022, learned Standing Counsel informs that there are no trees except one Neem tree on the plot in question and only shrubs have been cleaned. No trees have been cut.

Learned counsel for the petitioner refers to certain photographs annexed with the petition and alleges presence of government officials in the said photographs and a tree which has been allegedly cut.

The petitioner does not deny the fact that the land is recorded as Banjar and is under the control of Gaon Sabha in respect of which the petitioner does not have Bhumidhari rights though he says that the petitioner was granted Patta of the said land sometimes in 1966 being an Ex-Army man. However, he is unable to produce any evidence in this regard.

Considering the facts of the case, let the petitioner approach the Collector, Ayodhya raising a grievance in the matter who shall get an inquiry conducted as to whether there were any trees existing on Gata no.12 situated at Village-Jagdishpur, Tehsil-Sohawal, District-Ayodhya which have been cut either by the State authorities or somebody else. If as a result of such inquiry it is found that there were green trees existing on the land then he shall further inquiry as to under what authority they were cut even if the land does not belong to the petitioner although he claims to have planted the said trees long back and also claims that even if he does not have title to the said land, he will have title to the trees which he had planted. A decision shall be taken after such inquiry within two months. While taking such decision, he shall also take into consideration any judgment and decree which may have been passed by civil court in respect to the land in question as is being claimed by the petitioner on the strength of Annexure no.2. It is open for the petitioner to prove that Patta in respect of the land in question was granted to him before the Collector which shall also be taken into consideration by him.

With these observations, the writ petition is disposed of.

(Syed Waiz Mian,J.) (Rajan Roy,J.)

Order Date :- 21.6.2022

Shanu/-