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Court No. - 3 Case :- WRIT - C No. - 4482 of 2024 Petitioner :- Meraj Ahmad Respondent :- District Collector Hardoi And 2 Others
Counsel for Petitioner :- Anurag Narain Srivastava,Shishir Mohan Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State Respondents and Sri Dileep Kumar Pandey, learned counsel appearing on behalf of the Gaon Sabha.
This petition has been filed with the following main prayer:-
"i. issue a writ in the nature of certiorari quashing the impugned order dated 15-04-2024 passed by the District Magistrate and over the representation of the petitioner dated 08-12-2023.
It is the case of the petitioner that he was granted fishery lease over the Gata No. 991 ad-measuring KA/0.1206 hectare in the year 2011 and he planted Eucalyptus trees all around the pond. Now the Eucalyptus trees have grown up and the petitioner sought permission to cut the same. However, an order was passed under Section 67 by the Sub Divisional Magistrate on 31.01.2019 stating that such permission for cutting of Eucalyptus trees was not given in the lease deed for fisheries and, therefore, Rs.28,350/- was charged from his as damages. The petitioner has paid the damages and the trees that he had planted now belong to him and, therefore, he may be allowed to cut the same.
Let a counter affidavit be filed by respondents.
List this case on 25.07.2024.
Order Date :- 21.5.2024 Rahul
Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench
Meraj Ahmad
District Collector Hardoi
2 Others
Sangeeta Chandra
Brij Raj Singh
As recorded by the court registry
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