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2025 DAILYLAW 113585 (ALL)

HARISHCHANDRA AND 29 OTHERS v. STATE OF U.P. AND 5 OTHERS

WRIC/43622/2024 · 2025-04-16

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56591-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 40) Court No. - 21 Case :- WRIT - C No. - 43622 of 2024 Petitioner :- Harishchandra And 29 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amrendra Nath Rai,Santosh Kumar Singh Counsel for Respondent :- Mahendra Pratap,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Amrendra Nath Rai, learned counsel for the petitioners, Sri P.N. Rai, learned counsel for respondents no. 6 and 7 and Sri Rajiv Gupta, learned Additional Chief Standing Counsel for State respondents. 2. The petitioners have prayed for quashing of an order dated 25.8.2023 issued by respondent no. 2 and a consequential order dated 12.9.2023 issued by respondent no. 6 (Annexure no. 1 to the writ petition) and for restraining the respondents from demolishing the ancestral houses of the petitioner without following the procedure prescribed under law. 3. The case of the petitioners is that respondents without acquiring their houses and land and also without paying any compensation to them are threatening to demolish their houses. 4. Learned Standing Counsel has placed on record the written instructions received from respondent no. 6. According to it, a number of land owners have already been paid compensation on basis of the documents produced by them. In respect of the petitioners, on basis of their complaints, the respondents have constituted a joint team for inspection of the site and further action in relation to payment of compensation shall be held accordingly. 5. Instructions to the same effect has also been placed on record by Sri P.N. Rai, learned counsel appearing on behalf of respondent no. 7. 6. Learned counsel for the petitioners submits that as the respondents have not initiated any acquisition proceedings so far, therefore the petitioners may be permitted to submit their written objections and respondent no. 6 be directed to decide the same. 7. Learned counsel for the respondents have no objection to the same. 8. Accordingly, without expressing any opinion on merits, the petition is disposed of with liberty to the petitioners to file individual representations within two weeks from today along with true attested copy of the instant order before respondent no. 6 and in which event, the same shall be decided by respondent no. 6 by a speaking order within next six weeks. 9. In the meantime, the respondents will not disturb the existing constructions and maintain status quo provided the petitioners file representations in terms of the instant order within the stipulated time. Order Date :- 17.4.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad