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2025 DAILYLAW 150513 (ALL)

HAWALDAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 4 OTHERS

WRIC/6537/2025 · 2025-07-22

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41766-DB Court No. - 2 Case :- WRIT - C No. - 6537 of 2025 Petitioner :- Hawaldar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 4 Others Counsel for Petitioner :- Vijay Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard. The application of the petitioner for reference has been rejected only on the ground that it has been submitted under a wrong provision i.e. Section 18 of erstwhile Land Acquisition Act, 1894 whereas the acquisition having been done under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as, the Act, 2013). Such an application should have been filed under Section 64 of the latter Act. The submission is that an amendment application had been filed, however, learned Standing Counsel says that only the provision was sought to be amended without referring to the Act, 2013. Be that as it may, it was hardly a matter to be dismissed. Nevertheless, let the petitioner submit a fresh application under Section 64 of the Act, 2013. It would be considered and decided keeping in mind the statutory time period prescribed in the Act uninfluenced by the impugned order. Writ petition stands disposed of. [Manish Kumar, J.] [Rajan Roy,J] Order Date :- 22.7.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench