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Neutral Citation No. - 2025:AHC:24434-DB Court No. - 29 Case :- WRIT - C No. - 37361 of 2024 Petitioner :- Prem Sundari Widow Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Gopal Krishna Pandey Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
2. Petitioner, by means of the present writ petition, wants compensation for the demolition of her house built on a portion of land of Plot No. 133, area 076 hectare, situated at village-Bewa Husain, Teshil-Dumariya Ganj, District- Siddhartha Nagar.
3. Record reveals that plot no. 133 was originally recorded as pond. Some orders were passed recognising the rights of the petitioner over the land in the year 2018, which were corrected under Rule 109A of U.P. C.H. Rules by the Sub- Divisional Magistrate, Dumariaganj, District Siddhartha Nagar. The entry of pond over the entire land of plot no.133 is restored. This order is not under challenge.
4. Once that be so, we are of the view that remedy available to the petitioner is to file a declaratory suit before the competent court of law for establishing her right over the plot itself. Claim of compensation etc. can also be raised in such proceedings.
5. A writ petition under Article 226 of the Constitution of India would not lie for such purposes at the first instance.
6. Writ petition is, accordingly, dismissed. (A. K. Singh Deshwal, J.) (Ashwani Kumar Mishra, J.) Order Date :- 19.2.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad