Neutral Citation No. - 2025:AHC:43520-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 35) Court No. - 21 Case :- WRIT - C No. - 38220 of 2024 Petitioner :- Rajendra Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dhananjay Kumar,Rajesh Kumar Singh Counsel for Respondent :- C.S.C.,Vatsala Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The respondent no. 4 is present in person and has filed his affidavit in pursuance of the previous order. 2. The prayer made in the instant petition is for a direction to the respondents to pay compensation to the petitioner in respect of arazi no. 661, 662 and 663 acquired by the respondents for construction of 'Goddhaiya Nala' revenue village Shahpur, Pargana- Haveli, Tehsil-Sadar, District-Gorakhpur and to decide his representations dated 18.12.2023, 16.03.2024 and 28.04.2024 within a stipulated period. 3. The case of the petitioner is that he had purchased Gata no. 661 area 6 dismil, 662 area 8 dismil and 663 area 5 dismil from one Smt. Bhaddar Devi on 13.12.2002. The petitioner had sold 4 dismil from Gata no. 662 and 0.59 dismil of the Gata no. 663 to one Smt. Devi on 6.9.2013. Thus, the petitioner continues to be owner of the remaining land. The respondents have acquired the remaining land of the petitioner for widening of 'Goddhaiya Nala' but have not paid compensation to him so far. 4. The fourth respondent has filed his affidavit and wherein the stand taken is that only small portion of land was required by the respondents for construction of 'nala'. The area which was required by the respondents was in the ownership of Smt. Devi to whom the petitioner had sold some share of his land. She has duly been paid compensation for the affected land. It is also stated that land of arazi no. 663 is not affected. 5. It is evident from the plea taken by the State respondents that the claim of the petitioner for payment of compensation is not being accepted on the ground that his land is not affected whereas according to the petitioner his land also got affected. 6. In the aforesaid facts and circumstances, we are of the opinion that interest of justice would be served in permitting the petitioner to apply for demarcation of his remaining land and if in the said proceeding it transpires that any part of the land of the petitioner was utilized by the respondents, we leave it open to the petitioner to seek relief in appropriate proceedings. 7. The petition stands disposed of accordingly. Order Date :- 24.3.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad