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2025 DAILYLAW 165926 (ALL)

GEETA AND 7 OTHERS v. STATE OF U.P. THRU. SECY. DEPTT. OF REVENUE LKO. AND 3 OTHERS

/9381/2025 · 2025-09-23

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9381 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the respondent State and Shri Amit Arora, learned counsel appearing for the respondent no.4. 2. This petition has been filed by the petitioners with the following prayers :- "i. Issue, a writ, order or direction in the nature of mandamus directing and commanding the respondent no.2 i.e. District Magistrate/ Collector, Ambedkar Nagar to consider the case of the petitioner for payment of compensation of acquired land and houses of petitioners of Gata No.241 situated in Village Makhdoom Nagar, Tehsil Tanda, Pargana Tanda, District Ambedkar Nagar as early as possible, in the interest of justice." 3. It is the case of the petitioner that his case is similar in nature as of one Harishcnadra who filed Writ -C No.7478 of 2025 and is land is also being acquired for construction of over-bridge, hence the petition may be connected with Writ-C No.7478 of 2025. 4. At this stage, learned Standing Counsel on the basis of instructions sent by the Sub Divisional Magistrate, Tanda, which is taken on record, has made a submission that an inquiry was conducted in the matter on spot and also of record, it was found Versus Counsel for Petitioner(s) : Manish Mani Sharma Counsel for Respondent(s) : C.S.C., Amit Arora Geeta And 7 Others .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Revenue Lko. And 3 Others .....Respondent(s) that Gata No.241/0.24 hectare was recorded in the name of Vind Kumar son of Soman, who is a scheduled caste person. The over- bridge was proposed to be constructed on part of Gata No.241 and 53.5 sq. meters of land of the said Gata was being affected. It has been stated by the petitioners that the recorded tenure holder had gifted certain portion of Gata No.241 on Rs.5/- stamp paper on 25.4.1983 and on the basis of such gift deed, the petitioner has constructed his house over the land in question. Such land is being affected by the construction of the over bridge. Now the petitioners are asking for compensation on the basis of the alleged gift deed made on Rs.5 stamp paper by the recorded tenure holder. 5. It has also come out from the perusal of the instructions that Vind Kumar son of Soman had sold the land through mutual consent to the State and had also produced the affidavit of Vind Kumar indicating therein that compensation of land has already been given to Vind Kumar for construction of over-bridge. In case, the petitioners have any grievance, they may approach the recorded tenure holder Vind Kumar son of Soman. 6. In view of the above, this petition is disposed of with liberty to the petitioners to approach the competent court for recovery of compensation from Vind Kumar son of Soman on the basis of any right created by Vind Kumar son of Soman in favour of petitioner by executing a gift deed on a Rs.5/- stamp paper. September 23, 2025 Shukla WRIC No. 9381 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench