- (1.) The State Government has issued a Government Order on 30 September 1985 laying down guidelines for the grant of leases for the purposes of plantation. Clause 18 of the Government Order is in the following terms:
(2.) A lease was granted to the fifth respondent in respect of Khasra Plot No 56 having an area of three biswas and Plot No 57 having an area of six biswas for the plantation of trees for a period of ten years. It appears that the lease was thereafter renewed for a period of thirty years. The petitioner filed an application under Section 198 (4) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 for the cancellation of the lease which was granted in favour of the fifth respondent (Case No 9/2012-13). The Additional Collector by an order dated 12 February 2013 came to the conclusion that the proceeding under Section 198 (4) could not be entertained. However, the Sub Divisional Magistrate was directed to scrutinize whether the land which was granted to the fifth respondent for plantation was, in fact, reserved for a public utility purpose of a road and if so, to initiate action accordance with law. The petitioner has relied upon a report submitted thereafter by the Tehsildar office indicating that the fifth respondent has utilized the land which is recorded as road, for the purpose of plantation. The Tehsildar made an endorsement thereon on 10 January 2016 recommending the cancellation of the lease.
(3.) At this stage, we are only recording the material which has emerged before the Court on the basis of averments made in the writ petition. However, we clarify that in the absence of the private respondent, we are not entering any finding of fact. Presently, the direction which has been sought is for the competent authority to take appropriate action in accordance with law on the grievance of the petitioner.;