Writ petition seeking protection of plantation patta and trees was dismissed because the plantation lease in favour of the petitioner was already cancelled by an order dated 14.09.2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 9
Case :- WRIT - C No. - 13836 of 2020
Petitioner :- Devendra Pratap Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abrar Ahmad Siddiqui Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Anjani Kumar Mishra,J.
A supplementary affidavit filed today is taken on record.
Heard counsel for the petitioner and Sri Sunil Kumar Singh, counsel for the respondent.
The writ petition has been filed seeking the following reliefs:-
" (i) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the peaceful possession of the plantation patta in which the plants and trees planted in plot no. 798 milzumla area 0.161 hectare, 776 area, 0.057 hectare, 777 area 0.023 hectare, Village Katahara, Tehsil Handia, District Prayagraj and also not to aid the respondent no.6."
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to cut down the trees planted in plot No. 798, milzumla area 0.161 hectare, 776 area 0.057 hectare, 777 area 0.023 hectare in Village Katahara, Tehsil Handia, District Prayagraj."
Sir Sunil Kumar Singh has produced before this Court an order dated 14.09.2020 where-under the plantation lease granted in favour of the petitioner has been cancelled.
Under the circumstances and since the plantation lease granted in favour of the petitioner stands cancelled as on date, the relief claimed in this writ petition cannot be granted.
The petitioner may, in case, so advised challenge the order cancelling his lease.
Subject to above observation, this writ petition is dismissed.
Order Date :- 20.10.2020/AKT
Devendra Pratap Singh
State Of U.P.
5 Others
Anjani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
