High Court · 2025

1. Heard learned counsel for the petitioners, learned Standing Counsel for the State Respondents and Sri Pankaj Gupta, learned counsel appearing for the Gram Sabha.

2. This writ petition has been filed with the following main prayers:- "I. To issue a writ, order or direction in the nature of MANDAMUS commanding the respondents state authorities and their subordinate to not cut the trees standing over Gata no. 86 and 87 situated Kanchar Ashrafpur, Block Rehra Bazar, Tahsil Utraulla, District Balrampur, during the pendency of Case no. 613 of 2025 Dhram Pratap Singh s State of U.P. and others pending before the respondent no.2. II. To issue a writ, order or direction in the nature of Certiorari for setting aside any such proposal for conversion of land use of Gata no. 86 and 87 situated Kanchar Ashrafpur, Block Rehra Bazar, Tahsil Utroulla, District Balrampur, after calling/summoning the same by the respondents, as such proposal has not been made available to the petitioners nor the same has been displayed/publish for public."

3. It has been submtted by learned counsel for the petitioners that the petitioners have their ancestral land situated in Village Kanchar Ashrafpur, although they reside in Village Bairiya Surjanpur in the same Block. Old gata no. 310 situated in Village Kanchar Ashrafpur was earlier having an area of 0.36 hectare and recorded in the name of the petitioners ancestors. Later on, new gata no. 87 was carved out of it having area of 0.36 hectare on which the petitioners had sown 25 trees of Saugoun, 35 trees of mango, 5 trees of babool, 1 tree of kathal and 1 tree of sakhu, which are standing over the land for more than 30 years. Later on, the petitioners came to know that gata no. 87 was recorded as Purani Parti and the name of the petitioner no.1 has been deleted from the revenue records. One villager by the name of Chottu had cut down some trees of gata no. 310 (new gata no.87) and on enquiry it was found that the land has been recorded as Purani Parti in the revenue records. The petitioner preferred a Civil Suit before the Civil Judge (Junior Division) Utroulla, Balrampur for issuance of permanent injunction against the defendants including the Gram Sabha. Such Civil Suit numbered as Original Suit No. 492 of 2013, 'Dhram Pratap Singh Vs. Chottu and Others is pending before the Court of Civil Judge (Junior Division) Utroulla. The land use of gata no. 86 is recorded as Khaliyan and gata no. 87 is recorded as Purani Parti in the revenue records. The name of the Government over such land has been wrongly recorded. The respondents no. 6 & 7 i.e. the Gram Panchayat of Village Kanchar Ashrafpur and the Kanoongo have proposed conversion of land use of gatas no. 86 & 87 into a play ground. The said proposal has been submitted as to the Block Development Officer, Block- Rehra Bazar, the respondent no.4. As soon as the petitioners came to know, they have submitted a representation before the respondent no.4 and also before the respondent no.1 against such proposal to change land use. Now the petitioners have come to know that forest authorities have been directed to get valuation of trees. The petitioners also approached this Court in Writ-C No. 6567 of 2025. This Court by its order dated 07.07.2025 has directed the petitioners to approach the District Magistrate under Section 58 of the U.P. Revenue Code, 2006. The petitioners, thereafter, have submitted their application under Section 58 of the U.P. the District Magistrate/Collector, Balrampur on 23.07.2025, on which notices have been issued to the opposite parties and last date fixed was 04.08.2025 . However, the Kanoongo and the Gram Pradhan are insisting on cutting down the trees. Hence this writ petition has been filed. Revenue Code before

4. Learned Standing Counsel for the State Respondents has placed before this Court written instructions dated 03.08.2025 sent by the Sub-Divisional Magistrate, Utroulla wherein it has been stated that initially gata no. 310 was recorded in the name of the petitioner no.1 and his ancestor but during consolidation operations gata no. 87 was carved out of it. The total land area of gata no. 310 was 0.360 hectare. Gata no.87 which has been carved out has area of .01460 hectare, it is recorded as Purani Parti. The Gram Panchayat has submitted a proposal for conversion of land use of Gata No. 87 for the purpose of constructing of play ground.

5. It has also been stated that the petitioners have filed case before the Collector under Section 58 of the U.P. registered as Case No. Revenue Code D202508100000613, 'Dhram Pratap Singh Vs. State of U.P. and Others' which is pending and where the last date fixed was 14.08.2025.

6. The written instructions are kept on record.

7. We have gone through the plaint of the Permanent Injunction Suit that has been filed by the petitioner, a copy of which has been filed as Annexure No.-5 to the writ petition.

8. From the plaint, it is evident that it relates to non-abadi land and such Civil Suit perhaps was not maintainable in the first place, however, it has been filed and is pending before the Civil Judge (Junior Division), Utroulla since 2013 where notices have been issued to the Gram Sabha and to the State of U.P. through Collector, Balrampur and to private defendants, namely, Chottu and Raghav Pratap Singh.

9. Since trees are standing on the land in question, which fact has also been admitted by the respondents in their instructions given to the Office of the C.S.C., we direct that till the case of the petitioners under Section 58 of the U.P. Revenue Code is decided by the Collector, such trees may not be cut down. It is expected that the petitioners shall cooperate in the early disposal of case filed by them as aforesaid and the District Collector shall decide the same in accordance with law after giving opportunity of hearing to Gram Sabha Kanchar Ashrafpur, within a period of eight weeks from the date a copy of this order is produced before him.

10. With the above observations, the writ petition stands disposed of. Order Date :- 21.8.2025 Darpan Sharma DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the petitioners, learned Standing Counsel for the State Respondents and Sri Pankaj Gupta, learned counsel appearing for the Gram Sabha.

2. This writ petition has been filed with the following main prayers:- "I. To issue a writ, order or direction in the nature of MANDAMUS commanding the respondents state authorities and their subordinate to not cut the trees standing over Gata no. 86 and 87 situated Kanchar Ashrafpur, Block Rehra Bazar, Tahsil Utraulla, District Balrampur, during the pendency of Case no. 613 of 2025 Dhram Pratap Singh s State of U.P. and others pending before the respondent no.2. II. To issue a writ, order or direction in the nature of Certiorari for setting aside any such proposal for conversion of land use of Gata no. 86 and 87 situated Kanchar Ashrafpur, Block Rehra Bazar, Tahsil Utroulla, District Balrampur, after calling/summoning the same by the respondents, as such proposal has not been made available to the petitioners nor the same has been displayed/publish for public."

3. It has been submtted by learned counsel for the petitioners that the petitioners have their ancestral land situated in Village Kanchar Ashrafpur, although they reside in Village Bairiya Surjanpur in the same Block. Old gata no. 310 situated in Village Kanchar Ashrafpur was earlier having an area of 0.36 hectare and recorded in the name of the petitioners ancestors. Later on, new gata no. 87 was carved out of it having area of 0.36 hectare on which the petitioners had sown 25 trees of Saugoun, 35 trees of mango, 5 trees of babool, 1 tree of kathal and 1 tree of sakhu, which are standing over the land for more than 30 years. Later on, the petitioners came to know that gata no. 87 was recorded as Purani Parti and the name of the petitioner no.1 has been deleted from the revenue records. One villager by the name of Chottu had cut down some trees of gata no. 310 (new gata no.87) and on enquiry it was found that the land has been recorded as Purani Parti in the revenue records. The petitioner preferred a Civil Suit before the Civil Judge (Junior Division) Utroulla, Balrampur for issuance of permanent injunction against the defendants including the Gram Sabha. Such Civil Suit numbered as Original Suit No. 492 of 2013, 'Dhram Pratap Singh Vs. Chottu and Others is pending before the Court of Civil Judge (Junior Division) Utroulla. The land use of gata no. 86 is recorded as Khaliyan and gata no. 87 is recorded as Purani Parti in the revenue records. The name of the Government over such land has been wrongly recorded. The respondents no. 6 & 7 i.e. the Gram Panchayat of Village Kanchar Ashrafpur and the Kanoongo have proposed conversion of land use of gatas no. 86 & 87 into a play ground. The said proposal has been submitted as to the Block Development Officer, Block- Rehra Bazar, the respondent no.4. As soon as the petitioners came to know, they have submitted a representation before the respondent no.4 and also before the respondent no.1 against such proposal to change land use. Now the petitioners have come to know that forest authorities have been directed to get valuation of trees. The petitioners also approached this Court in Writ-C No. 6567 of 2025. This Court by its order dated 07.07.2025 has directed the petitioners to approach the District Magistrate under Section 58 of the U.P. Revenue Code, 2006. The petitioners, thereafter, have submitted their application under Section 58 of the U.P. the District Magistrate/Collector, Balrampur on 23.07.2025, on which notices have been issued to the opposite parties and last date fixed was 04.08.2025 . However, the Kanoongo and the Gram Pradhan are insisting on cutting down the trees. Hence this writ petition has been filed. Revenue Code before

4. Learned Standing Counsel for the State Respondents has placed before this Court written instructions dated 03.08.2025 sent by the Sub-Divisional Magistrate, Utroulla wherein it has been stated that initially gata no. 310 was recorded in the name of the petitioner no.1 and his ancestor but during consolidation operations gata no. 87 was carved out of it. The total land area of gata no. 310 was 0.360 hectare. Gata no.87 which has been carved out has area of .01460 hectare, it is recorded as Purani Parti. The Gram Panchayat has submitted a proposal for conversion of land use of Gata No. 87 for the purpose of constructing of play ground.

5. It has also been stated that the petitioners have filed case before the Collector under Section 58 of the U.P. registered as Case No. Revenue Code D202508100000613, 'Dhram Pratap Singh Vs. State of U.P. and Others' which is pending and where the last date fixed was 14.08.2025.

6. The written instructions are kept on record.

7. We have gone through the plaint of the Permanent Injunction Suit that has been filed by the petitioner, a copy of which has been filed as Annexure No.-5 to the writ petition.

8. From the plaint, it is evident that it relates to non-abadi land and such Civil Suit perhaps was not maintainable in the first place, however, it has been filed and is pending before the Civil Judge (Junior Division), Utroulla since 2013 where notices have been issued to the Gram Sabha and to the State of U.P. through Collector, Balrampur and to private defendants, namely, Chottu and Raghav Pratap Singh.

9. Since trees are standing on the land in question, which fact has also been admitted by the respondents in their instructions given to the Office of the C.S.C., we direct that till the case of the petitioners under Section 58 of the U.P. Revenue Code is decided by the Collector, such trees may not be cut down. It is expected that the petitioners shall cooperate in the early disposal of case filed by them as aforesaid and the District Collector shall decide the same in accordance with law after giving opportunity of hearing to Gram Sabha Kanchar Ashrafpur, within a period of eight weeks from the date a copy of this order is produced before him.

10. With the above observations, the writ petition stands disposed of. Order Date :- 21.8.2025 Darpan Sharma DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench