Neutral Citation No. - 2025:AHC:75015-DB Court No. - 1 Case :- CIVIL MISC REVIEW APPLICATION No. - 513 of 2024 Applicant :- State Of Up And 2 Others Opposite Party :- Brijendra Nath Counsel for Applicant :- Abhishek Srivastava,C.S.C.,S.C. Counsel for Opposite Party :- Balendra Deo Misra Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. No one appears for the opposite party. Shri Gopal Chandra Saxena, the Standing Counsel representing the State is present and we have heard him. The present review application has been filed for review of the order dated 18.4.2023 passed in Writ - C No. 37221 of 2022 to the extent of waving of the damages of Rs.2,00,000/- imposed on the State Government. The application is delayed by 543 days. The delay in filing the review application is condoned. The review application has been heard on merit without calling for the records of the writ petition as the order in the writ petition and the documents necessary to decide the review application have already been annexed with the review application. We have done this to avoid unnecessary pendency of the review application. Through order dated 18.4.2023 passed in Writ - C No. 37221 of 2022, this Court after considering the report submitted by the Collector, Kaushambi wherein it was admitted that some portion of Plot No.274-A and 274-B were encroached over by the Public Works Department while constructing a road over Plot No. 275 directed the State respondents to pay damages of Rs.2,00,000/- to the petitioner for having violated his legal and constitutional rights as the petitioner had claimed himself to be the Bhumidhar of the said plots. The applicants, i.e., the State respondents challenged the aforesaid order in the Supreme Court of India through Special Leave to Appeal (C) No. 12996 of 2023 which was dismissed by the Supreme Court vide its order dated 19.07.2024. The Supreme Court noted that there was no reason to interfere with the order passed by this Court. As noted earlier, the review application has been filed only to wave of (reduce) the damages imposed on the State. It is apparent that the constitutional right of the petitioner as guaranteed under Article 300-A had been violated. The petitioner had to approach this Court ventilating his grievance. The encroachment is by the state department. We find no reason to reduce the damages awarded on the State. The review application is dismissed with a direction that the amount deposited by the State respondents shall be credited in the account of the petitioner within two weeks from today. Order Date :- 8.5.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad