SHYAM KUMAR AND 2 OTHERS v. STATE OF U.P. THROUGH PRINCIPAL SECRETARY, REVENUE GOVERNMENT OF U.P. AT LUCKNOW & 6 OTHERS
WRIC/43265/2024 · 2025-03-09
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 113583 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113583 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:34674-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.28) Court No. - 21 Case :- WRIT - C No. - 43265 of 2024 (E-File) Petitioner :- Shyam Kumar And 2 Others Respondent :- State Of U.P. Through Principal Secretary, Revenue Government Of U.P. At Lucknow & 6 Others Counsel for Petitioner :- Ambuj Kumar Mishra,Vineet Kumar Sharma 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 restraining the respondents from forcing the petitioners to execute the sale deed of khasra/gata no. 102, situated at Village Mangari, Pargana Kolasala, Tehsil Pindra, District Varanasi and not to disturb their possession over the said land. 2. On 20.02.2025, the following order was passed:
"1. It is submitted that the State respondents, without any acquisition, are compelling the petitioners to hand over possession of their land to them for expansion of an airport. It is averred in paragraph 20 of the writ petition that the respondents are threatening to demolish the constructions by use of bulldozer. 2. Learned Standing Counsel prays for and is granted two weeks time to obtain instructions. 3. List as fresh on 10.3.2025. 4. In the meantime, if the land of the petitioners has not been acquired, the respondents would not interfere in their possession. "
3. On matter being taken up today, learned Standing Counsel has place on record the written instructions dated 02.03.2025 received from S.D.M., Pindra, Varanasi and other revenue authorities. According to it, the State Government is purchasing the land from land owners on basis of consent in terms of the Government Order
dated 19.03.2015. The petitioners have not executed any sale deed in favour of the State so far nor the State is exerting any pressure upon them. It is also stated that so far no proceeding for land acquisition has been initiated. 4. Sri Rajeev Gupta, learned Additional Chief Standing Counsel submits that the State shall not compel the petitioners to execute any sale deed in its favour unless the parties arrive at any amicable settlement. 3. In view of the aforesaid stand of the State respondent, the petition is disposed of by providing that the respondents would not interfere in the possession of the petitioners over the subject land except in accordance with law. Order Date :- 10.3.2025 Ashish Pd.
(Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad