KALAVATI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
WRIC/43216/2024 · 2025-04-27
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111737 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111737 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:65251-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 46) Court No. - 21 Case :- WRIT - C No. - 43216 of 2024 Petitioner :- Kalavati And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Amit Kumar Srivastava,Dinesh Kumar,Mahendra Singh,Prashant Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The petitioners have prayed for a writ of mandamus commanding respondent no. 2 to decide their representation dated 6.11.2024 within a stipulated period.
2. The case of the petitioners is that their pucca constructions are in existence over plot no. 703A and the respondents are denying compensation to the petitioners on the ground that the constructions are in existence over PWD Road. The petitioners are stated to have submitted a representation in this regard before the District Magistrate, Kaushambi and as noted above, the prayer is for a direction to respondent no. 2 to decide the same.
3. Learned Standing Counsel has placed on record the written instructions received from the Competent Authority, according to which the constructions are in existence over Khasra no. 399 which is PWD land and it is for the said reason that compensation has not been paid to the petitioners.
4. Along with the writ petition, no evidence has been filed to establish, even prima facie the ownership of the petitioners over the land on which their constructions are stated to be in existence.
5. In such circumstances, we leave it open to the petitioners to apply for demarcation of their holding and if, in the said proceedings it transpires that the constructions are in existence over their own land and not over the land belonging to PWD, we leave it open to the petitioners to approach the concerned
respondent for considering their claim for compensation.
6. The petition stands disposed of. Order Date :- 28.4.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad