Neutral Citation No. - 2025:AHC-LKO:3910-DB Court No. - 2 Case :- WRIT - C No. - 519 of 2025 Petitioner :- Mul Chandra And 2 Others Respondent :- State Of U.P. Thru. Secy. U.P. Industrial Development Section-3 And 5 Others Counsel for Petitioner :- Naqibullah Khan,Ambrish Kumar Dubey,Parvez Khan Counsel for Respondent :- C.S.C.,Sharad Tewari Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Heard Sri Ambrish Kumar Dubey, learned counsel for the petitioners and Sri Mahendra Kumar Mishra, learned counsel for the State. 2. This is the third writ petition by the petitioners. The first writ petition was filed bearing Writ-C No.1003 of 2024 seeking compensation/ allotment of same value of land to the petitioners as has been acquired by the official opposite parties for construction of Purvanchal Expressway. The said petition was disposed of on 02.02.2024 as under:- "1. Heard learned Counsel for the petitioner, learned Standing Counsel for the State-respondent and Shri Shiv Prasad Kushwaha, learned Counsel for U.P. Expresswa Industrial Development Authority, UPEIDA. 2. The petitioners have approached this Court with the following main prayer :- "1. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party specially opposite party no.3 to 5 to take appropriate decision regarding compensation/allotment of same value land for the petitioners landed property, effected by construction of Purvanchal Expressway." 3. After arguing at some length, learned Counsel for the petitioners submits that the grievance of the petitioner would be substantially met in case representation of petitioners for the said purposes is considered and decided in a time bound manner. 4. Learned Counsel for the respondents have no objection to the same. However, learned Counsel for respondent no.3 - UPEIDA states that the award of the land is already declared on 06.12.2022 in which the compensation is already fixed and in case the petitioners are having any grievance, they can make reference under Section 64 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 5. Learned counsel for the petitioners submits that the petitioners also prayed for land in exchange of the land acquired. 6. In the aforesaid facts and circumstances of the case, petitioners are permitted to make a fresh detailed representation to respondent no.3- Chief executive Officer, U.P. Expressway Industrial Development Authority, UPEIDA, Lucknow, raising all their grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of their claim within a period of two weeks from today along with a certified copy of this order. 7. In case such a representation is moved by petitioners, respondent no.3- Chief executive Officer, U.P. Expressway Industrial Development Authority, UPEIDA, Lucknow, shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of three months from the date a certified copy of this order along with representation is placed before him. 8. It is made clear that this Court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law. 9. With the aforesaid directions, present writ petition is disposed of. " 3. In the said order itself in para no.4, the remedy available under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short 'the Act, 2013') had been mentioned. Thereafter, another petition bearing Writ-C No.10245 of 2024 was filed relating to the same subject matter and on 29.11.2024, it was dismissed as under:- "Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Anand Jaiswal, learned counsel for the opposite party nos. 2 & 3. After hearing the parties, it comes out that after acquisition of the land of the petitioner, as claimed, the award has already been declared on 06.12.2022. The grievance is that instead of providing alternative land for the land which has been acquired, compensation has been awarded. If it is so, then the award is required to be challenged as per law. This writ petition is not maintainable. As regards, the contention of the petitioner that in the earlier writ petition, a direction was issued to the concerned authority to decide his representation which has now been rejected, at that time, the Court may not have been informed about the fact that the award has already been declared which has not been challenged and even otherwise, in the impugned order dated 04.11.2024, this is precisely what has been said. We, therefore, do not find any reason to proceed in the matter. Writ petition is accordingly dismissed with liberty to the petitioner to pursue other remedies as may be permissible under law. The dismissal of this petition shall not come in the way of the petitioner in raising the grievance, as mentioned hereinabove, as per law before the appropriate forum. " 4. Thereafter, this writ petition has been filed seeking a writ of certiorari for quashing the award dated 06.12.2022 and for being provided same value land to the petitioners as has been acquired for construction of Purvanchal Expressway. 5. Inspite of the observation in para no.4 in the first writ petition decided on 02.02.2024 that there is a remedy under Section 64 of the Act, 2013 and inspite of dismissal of second writ petition on 29.11.2024, the petitioners have the audacity to file this third writ petition on the same subject matter seeking same/ similar relief without availing statutory remedy under Section 64 of the Act, 2013. This is nothing but an abuse of the process of the Court. Petitioners' counsel has not properly advised the petitioners. Same counsel had earlier filed the earlier two writ petitions. Accordingly, we dismiss this writ petition. (Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 21.1.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench