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Neutral Citation No. - 2025:AHC:40556-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 38) Court No. - 21 Case :- WRIT - C No. - 3794 of 2025 Petitioner :- Ramlakhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neha Rajput,Parmeshwar Kr. Chaudhary Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The instant petition has been filed praying for the following relief:
"(A) Issue a writ, order or direction in the nature of Mandamus commanding the respondent no. 2 to consider and decide the representation of petitioner dated 09.01.2024 by passing a detailed and speaking order in accordance with law (Annexure No.1 to the writ petition)."
2. In the representation dated 9.1.2024, the prayer made is that fair compensation should be granted to the petitioner in respect of 40 air of arazi no. 169Ka allegedly utilized by the State while constructing a road.
3. Learned Standing Counsel has placed on record the instructions received from Executive Engineer, Provincial Division, PWD, Varanasi. It indicates that the petitioner had earlier approached this Court by filing Writ C No. 31316 of 2023 for the same cause of action. The said writ petition was disposed of by a Coordinate Bench by order dated 12.10.2023 whereby the Court refused to interfere in the matter and left it open to the petitioner to apply for demarcation of his land. The instructions further disclose that respondents had carried out demarcation on 5.10.2023 wherein it transpired that petitioner and his co-sharers were in possession of some excess area than what is owned by them.
4. We find that the petitioner has not disclosed about filing of the
previous writ petition and the order passed therein. There is also no disclosure as to whether the petitioner had applied for demarcation in pursuance of the liberty granted to him in the previous writ petition.
5. In the circumstances aforesaid, we find no merit in the petition. The writ petition is dismissed. Order Date :- 20.3.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad