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2025 DAILYLAW 11237 (ALL)

RANA SINGH AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/2336/2025 · 2025-02-06

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17565-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.3174) Court No. - 21 Case :- WRIT - C No. - 2336 of 2025 Petitioner :- Rana Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Samsad Ahmed Khan,Shiv Kant Mishra Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition is for a direction to respondents to pay compensation to the petitioners in respect of Khasra No. 430(kha) area 0.0420 hectare and Khasra No. 192(ka) area 0.1500 hectare, revenue village Sudan Pur-A, Pargana, Tehsil and District Bareilly. 2. Learned counsel for the petitioners submits that in respect of co- sharer of the said plots, Writ-C No. 24698 of 2022 was filed and the same has been disposed of by a detailed order passed today. He submits that the same order may be passed in the instant case as well. 3. The operative part of the order passed in the said petition is as follows: "9. In our considered opinion, the petitioners are also entitled to interest as per the provisions of the aforesaid two enactments. The respondents cannot be permitted to flout the provisions of law by initially taking possession of land of private persons without initiating proceedings for acquisition under the relevant legislation and thereafter also not paying interest at the rate provided under law. 10. Accordingly, we dispose of the instant petition with direction to the State respondents to ensure payment of interest at the rate of 9% per annum for the first year since date of dispossession and 15% for the subsequent period till date of actual payment along with the compensation as has been already approved provided the petitioners complete all the formalities as may be required of them." 4. Learned Standing Counsel does not dispute that the petitioners herein are co-sharers along with the petitioners of Writ Petition No. 24698 of 2022 and the facts in relation to the petitioners also are the same. 5. Accordingly, the instant petition also stands disposed of in same terms. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 6.2.2025 Ashish Pd. Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad