Court No. - 9
Case :- WRIT - C No. - 19124 of 2019 Petitioner :- Radhey Shyam Respondent :- District Magistrate/Collector And 2 Others Counsel for Petitioner :- M.N. Singh Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner, Sri Ram Babu Yadav, learned counsel for respondent no.3, Gaon Sabha and learned Standing Counsel for State-respondents.
The writ petition arises out of proceedings under Section 67 of the U.P. Revenue Code 2006 drawn against the petitioner for his unauthorized occupation of the Gaon Sabha property and challenges the order passed by respondent no.1, Tehsildar, Tehsil Lalganj, District Mirzapur as also the order dated 23.03.2019 passed by respondent no.1, District Magistrate/ Collector, Mirzapur, whereby the consequential appeal filed by the petitioner has been dismissed on the ground of latches.
Although, the submission of learned counsel for the petitioner is that directions be issued for disposal of appeal on merits, however, this Court does not consider it necessary, specially in the facts and circumstances of this case, to remit the matter to the appellate authority for deciding the appeal on merits.
The facts of the case briefly stated are that a notice was issued initiating proceedings under Section 67 of the Act on the ground that the petitioner had planted a tree over the land which was recorded as Nali. The order of the Tehsildar states that by planting tree over the land recorded as Nali in the revenue records, the petitioner has encroached upon land belonging to the Gaon Sabha.
In my considered opinion, the reason given in the impugned order is not tenable. In case, a tree has been planted over the land belonging to the Gaon Sabha the person who planted it does not become owner of the land. He, at best, continues to be the owner of the tree and is entitled to its produce.
In view of this legal position which stands incorporated under Section 57 & 58 of U.P. Revenue Code 2006, the damages imposed upon the petitioner, does not appear to be justified.
Accordingly, the writ petition is allowed. The damages imposed upon the petitioner is, hereby, set aside.
It is, however, provided that the petitioner shall not venture near the tree any further.
In case, the tree in issue is causing any problems in the flow of the water in the Nali, it shall be open for the revenue authorities to cut the tree after obtaining requisite permission from the Forest Department.
Subject to the above directions/ observations, the writ petition is allowed.
No order as to cost.
Order Date :- 30.5.2019 Radhika