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2025 DAILYLAW 164871 (ALL)

Smt. Tara Devi v. STATE OF U.P. THRU PRIN.SECY. CHIEF MINISTER

WRIC/9011/2025 · 2025-09-15

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9011 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 4. 2. This petition has been filed by the petitioner for the following prayers:- "I. Issue a writ, order or direction in the nature of Mandamus commanding the Opposite party no.1 to decide the petitioner's Representation dated 23.08.2025 sent by the petitioner through speed post, which is annexed as Annexure No.1 to this writ petition. II. Pass such other orders or directions as this Hon'ble Court may deem just and proper in the nature and circumstances of the case." 3. It is the case of the petitioner that she is a widow of Late Ayodhya Prasad and after the death of her husband in 2008 she has been residing on Gata No.105 situated at Village Lodhaura and running a small shop of Prasad and other worship articles. The petitioner is a mother of three daughters and one son and she has a huge liabilities to meet out. The Government of Uttar Pradesh has decided to construct Mahadeva Corridor in Village Lodhaura, District Barabanki. The local Administration has conducted a survey of constructions made on the Gata No.105 and the names of persons in the list does Versus Counsel for Petitioner(s) : Satish Kumar Misra Counsel for Respondent(s) : C.S.C. Smt. Tara Devi .....Petitioner(s) State Of U.P. Thru Prin.Secy. Chief Minister .....Respondent(s) not include the petitioner only because the respondents have asked for illegal gratification of Rs.50,000/- from her which she could not pay. 4. She has made a Representation to the Principal Secretary of the Hon'ble Chief Minister's Office and the prayer made in this petition is for a direction to be issued to the Principal Secretary to the Hon'ble Chief Minister's office, Lucknow, to consider her representation. 5. The learned Standing counsel has stated on the basis of instructions sent by the District Magistrate, Barabanki, that Gata No.105Ka/1.972 Hectare is recorded as Category 6(2) Abadi which is Gram Sabha land and which has been resumed after survey being conducted of constructions on such land. The land on which the petitioner has stated that she has set up shop and is residing with her three daughters and one son, has been found vacant and is within the control of the Gram Sabha. One similarly situated writ petitioner namely Suresh Chandra Mishra had approached this Court in Writ Petition No.7583 of 2025 which has been dismissed by this Court by its order dated 18.08.2025. A copy of the order dated 18.08.2025 has been enclosed to the said instructions. 6. We have gone through the order dated 18.08.2025 and we find that only Construction / Properties and Trees etc. have been evaluated for the purpose of giving compensation to persons who claimed their possession over such construction. The land belongs to the Gaon Sabha and no compensation can be given for the land which has been resumed by the State Government. 7. The instructions are returned to the learned Standing Counsel. 8. The writ petition is dismissed. September 15, 2025 N.PAL WRIC No. 9011 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench