Atul Kumar v. State Of U.P. Thru. Addl. Chief Secy. Revenue

Heard learned counsel for the petitioner, learned Standing Counsel, who appears on behalf of State-respondent Nos.1 to 4 and Shri Mohan Singh, learned counsel, who appears on behalf of respondent No.5.

This petition has been filed with the following prayers :- "I. Issue a writ, order or direction in the nature of mandamus commanding and directing to the opposite parties no.2 to 4, not auction the petitioner's 60 eucalyptus trees situated at Gata No.141 village Trivediganj, Pargana & Tehsil Haidergarh, District Barabanki, in the interest of justice. II. Issue a writ order or direction in the nature of mandamus commanding the opposite party no.3 to decide the case under Section 101 of U.P. Revenue Code 2006 for the exchange of the land of Khasra No.141 from the petitioner's land, Khasra No.221 situated at Village Trivediganj, Pargana and Tehsil- Haidergarh, District Barabanki, in the interest of justice. "

It has been submitted by learned counsel for the petitioner that the petitioner is a recorded co-tenure holder of Khasra Nos. 142, 143, 144, and 145 situated at Village Trivediganj, Pargana & Tehsil Haidergarh, District Barabanki. Khasra No. 141 is adjacent to Khasra No. 142. Khasra No. 141 is pond land, where the father of the petitioner has planted some eucalyptus trees, and also on Gata No. 142, as there was no demarcation line. Opposite party No. 5 has moved an application before the Sub-Divisional Magistrate, Haidergarh on 24.10.2024, praying for removal of the trees, only due to political rivalry.

The opposite party Nos. 3 and 4 are adamant to illegally auction the 60 eucalyptus trees of the petitioner, which the father of the petitioner planted in Khasra No. 141. The petitioner has filed a case under Section 101 of the U.P. Revenue Code, 2006 (hereinafter referred to as "Code, 2006") for exchange of land with Khasra No. 221, but the said application has remained pending; hence, this petition has been filed.

We have gone through the report allegedly submitted by the Area Lekhpal on 18.11.2024, a copy of which has been filed as Annexure-3 to the writ petition, which clearly states that Gata No. 141/0.0630 hectare is recorded as pond in the revenue records, on which 60 eucalyptus trees have been planted. Therefore, a proposal has been made to auction such trees and the Naib Tehsildar has been nominated in the matter. The petitioner's application under Section 101 of the Code, 2006 has also been noticed in the said report, stating that it is pending.

It is evident that the land of Gata No. 141 is already recorded as pond; its nature cannot be changed. No exchange application under Section 101 of the Code, 2006 is maintainable in such matters.

In view of the law settled by the Hon’ble Supreme Court in Hinch Lal Tiwari vs. Kamala Devi : (2001) 6 SCC 496, the only remedy available to the petitioner is to apply under Section 58 of Code, 2006 before the Collector for compensation for the trees proposed to be removed from pond land.