MEWA LAL AND 9 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/42861/2024 · 2025-06-30
Mahesh Chandra Tripathi, Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112777 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112777 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:101112-DB Court No. - 29 Case :- WRIT - C No. - 42861 of 2024 Petitioner :- Mewa Lal And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Tiwari,Ashish Tripathi Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. List has been revised. No one has put in appearance on behalf of the petitioners to press the matter. 2. Mr. Hare Ram Tripathi, learned Standing Counsel for the State-respondents is present. 3. By means of the instant petition preferred under Article 226 of the Constitution of India, the petitioners have prayed for following principal reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus directing/commanding the respondents to immediately vacate the land in question i.e. Gata No.2 Area- 0.2340 Hectare Situated at Village- Husainmau Uparhar, Pargana And Tehsil- Chayal, District- Kaushambi, Uttar Pradesh, and restore it at it's original state, any pay the compensation for the illegal occupation of that agricultural land, alternatively if the respondents are adamant to acquire the aforementioned land in question then a suitable direction may kindly be issued to pay the compensation at the present market value, according to the previsions of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) along with solatium and other associated benefits, and further be pleased to direct/command the respondents to consider and decide the Representation Dated 14.11.2024 (Annexure No.1) of the petitioners/applicants within stipulated period as fix by this Hon'ble Court, during the pendency of the present writ petition."
4. Mr. Hare Ram Tripathi, learned Standing Counsel appearing for the State- respondents filed a report dated 17.02.2025 prepared by a three members Committee chaired by District Magistrate, Kaushambi and the same has been taken on the record. 5. Learned Standing Counsel invited Court's attention to the relevant finding of the aforesaid report that no road ever constructed on the land in question, and the same has not been utilized by the respondent-Authority. 6. We have occasioned to peruse the order-sheet and we find that on earlier two
occasions, no one has turned up on behalf of the petitioners to argue the matter.
Considering the aforesaid factual situation of the matter and the findings recorded by the Committee headed by the District Magistrate, Kaushambi, we are of the firm opinion that nothing further remains to be adjudicated in the matter and thus no indulgence is warranted by the Court in this case. 7. With the aforesaid observations, the instant petition stands disposed of. Order Date :- 1.7.2025 Sachin (Vinod Diwakar, J.) (Mahesh Chandra Tripathi, J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad