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Neutral Citation No. - 2025:AHC:20379-DB Court No. - 21 Case :- WRIT - C No. - 41754 of 2024 Petitioner :- Sudha Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikas Srivastava Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The instant petition has been filed praying for a writ of mandamus directing respondent nos. 2 and 3 to take appropriate decision on the representation of the petitioner dated 26.11.2024. The petitioner has also prayed for a direction to the aforesaid respondents to stop widening work of road, namely GT Road to Belhuaa Road, via Kurmaicha Siki Chaura, Chaura Kalan Bhairo Ka Pura Vishwanathpur (Total length 5.910 km) and to pay compensation for the land of the petitioner. 2. The case of the petitioner is that she, along with her family members, are bhumidhars of Arazi Nos. 22N, 23M, 24M, 55M, 56M and 57M, situated at Mauja Pure - Vishwanathpur, Tappa Korh, Tehsil Gyanpur, District Bhadohi. The said land is situated adjacent to GT Road. The respondents have started widening of the existing road and in the process they have placed earth over the land of the petitioner and have also dug the soil from her plot at various places. The standing crop has been damaged to a great extent. The respondents have neither acquired the land, nor have paid compensation. The representation made by the petitioner in this behalf is stated to be pending. 3. Learned Standing Counsel has placed on record the written instructions received from District Magistrate, Bhadohi, according to which, Gata No. 28 is road measuring 2.5 latha (20 feet) in
width. At the moment, the respondents are undertaking widening of the road to an extent of 18 feet and the remaining 2 feet land would be used for patri. In other words, the case of the respondents is that the entire work would be done on the land belonging to the respondents. 4. Learned counsel for the petitioner submits that the respondents are undertaking widening to an extent of 31 feet and the case set up in the written instructions is incorrect. 5. In our opinion, the issue raised requires appreciation of evidence. The claim of the petitioner in the said circumstances is required to be decided by the District Level Committee in terms of G.O. dated 12.5.2016. 6.
Accordingly, without expressing any opinion on merits, the petition is disposed of with liberty to the petitioner to make fresh representation before respondent no. 2 along with true attested copy of the instant order within two weeks from today and in which event, respondent no. 2 will transmit the same to the District Level Committee for being decided in terms of G.O. dated 12.5.2016 within twelve weeks, after getting a survey conducted by a team of revenue officials and after due notice to the petitioner. The petitioner shall be at liberty to lead evidence in support of her claim. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 13.2.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad