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Neutral Citation No. - 2025:AHC:35408-DB Court No. - 29 Case :- WRIT - C No. - 32267 of 2024 Petitioner :- Shashikant Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Surendra Nath Dubey,Upendra Kumar Dubey Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Grievance of the petitioner has been noticed in the previous order passed by the court on 20.01.2025 which is reproduced hereinafter:-
"1. The contention is that without any acquisition of petitioner's land situated in Plot No.758, the Public Works Department is proposing to construct a road.
2. Learned Standing Counsel prays for and is allowed a week's time to take instructions in the matter.
3. Post as fresh once again on 27.02.2025." Instructions are received by the learned Standing Counsel from the Executive Engineer, Public Works Department which is taken on record. Its copy is also furnished to the learned counsel for the petitioner. As per the instructions petitioner's land of Plot No. 758, area 2.271 hectare is not effected by the proposed construction of road. It is also stated that the plot has been demarcated on the spot.
Learned counsel for the petitioner however opposes the instructions of the respondent. From the materials placed on record it does appear that an issue of demarcation with regard to identity of petitioners plot arises in the
facts of the case. Whether any of the petitioner's land for construction of road has been utilized can be an aspect to be examined by the revenue authorities, at the first instance. In such circumstances, we direct the District Magistrate, Varanasi to constitute a revenue team along with officers of the Public Works Department within a period of two weeks, such revenue team would visit the spot on 2nd of April, 2025 when the petitioner will
also remain present at the time of such demarcation. In the event, it is found that any of the petitioner's land is actually utilized for construction of road, the authorities shall ensure that appropriate compensation in terms of the Government Order is paid to the petitioner within a period of four weeks. Reasoned order in that regard would be passed by District Magistrate- Varanasi. Writ Petition accordingly stands disposed of.
Order Date :- 11.3.2025 A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad