NATTHU SINGH Vs. ADDITIONAL COLLECTOR BIJNOR
LAWS(ALL)-2011-12-147
HIGH COURT OF ALLAHABAD
Decided on December 09,2011

NATTHU SINGH Appellant
VERSUS
ADDITIONAL COLLECTOR Respondents

JUDGEMENT

- (1.) The present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia praying for quashing the order dated 3.6.2005 passed by the Additional Collector, Bijnor (respondent No. 1) on a representation dated 3.1.2005 submitted by the petitioner, pursuant to the order dated 21.4.2004 passed by this Court in Civil Misc. Writ Petition No. 20626 of 1990. From the averments made in the Writ Petition, it transpires that the petitioner was granted lease of plot No. 88 by the Gaon Sabha in the year 1982 for fishery rights. The term of the said lease was 10 years. During the continuance of the lease, the order dated 14.8.1987 was passed by the Tehsildar, Bijnor cancelling the lease granted to the petitioner. The petitioner filed an Appeal, which was dismissed by the order dated 6.8.1990.
(2.) The petitioner thereupon filed a Writ Petition before this Court being Civil Misc. Writ Petition No. 20626 of 1990.
(3.) By the order dated 21.4.2004, the said Writ Petition was dismissed by this Court. Relevant portion of the said order dated 21.4.2004 is reproduced below : The writ petition has become infructuous because of the expiry of the term of the period of lease, which was granted to the petitioner. So far as the grievance of the petitioner with regards to cutting of the Eucalyptus trees planted on the said land is concerned it will be open to the petitioner to make a representation before the Additional Collector, Bijnor ventilating all his grievances. If such representation is made by the petitioner before the Collector, Bijnor, he shall pass a reasoned order deciding the representation in accordance with law within one month thereafter. Petitioner shall also file a certified copy of this order alongwith the representation. With the observations, referred to above, this petition is dismissed. Interim order, if any, stands discharged. Pursuant to the said order dated 21.4.2004, the petitioner submitted a representation dated 3.1.2005 before the Collector, Bijnor, inter alia, praying for being permitted to cut the trees which had allegedly been planted by the petitioner on the boundary of the land given to the petitioner under lease, as mentioned above. The petitioner submitted Affidavits in support of his representation.;


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