HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9433 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. This petition has been filed with the following prayers :- "issue a writ, order or direction in the nature of mandamus thereby directing the Opposite parties to provide compensation to the petitioner along with interest as per Land Acquisition Act, with respect of petitioner's Gata No.96 M situated at village - Barawan, Pargana, Tehsil and District Balrampur, was acquired by the opposite party no.5 for widening and constructing Balrampur Bypass." It is the case of the petitioner that the NHAI has utilized 0.120 hectare of his land gata no.96 Minjumla, situated in village Bharawan, Pargana, Tehsil and District Balrampur for constructing a bypass but no compensation has been paid. The petitioner has repeatedly represented to the authorities but no heed has been paid then the present writ petition has been filed with the aforesaid prayer. Learned Standing Counsel has produced before this Court instructions sent by the competent officer Land Acquisition, Balrampur Bypass Balrampur wherein it has been stated that khata no.7, Gata No.96 Minjumla, area 3.3044 hectare is situated at village Barav, pargana, tehsil Versus Counsel for Petitioner(s) : Brijesh Kumar Pandey, Rajeshwar Prasad, Saumya Shukla Counsel for Respondent(s) : A.S.G.I., C.S.C., Sarvesh Kumar Dubey Mohd.Kamal .....Petitioner(s) Union Of India Thru. Secy. To Govt Of India,Ministry Of Road Transport And Highways Delhi And Ors. .....Respondent(s) and Distict Balrampur, out of which some area i.e., 0.5200 hectare was acquired by the NHAI for construction of Balrampur bypass. 96 Minjumla has been shown in the khatauni belonging to Anil Pratap Singh, Rajesh Pratap Singh, Pankaj Pratap Singh, Manish Kumar Singh, all sons of Ashok Kumar Singh and Mamta Singh, wife of Manish Kumar Singh and also Abdul Bari father of the petitioner. Share determined on the basis of the names of the recorded tenure holders. Out of 0.5200 hectare comes to about 0.0200 hectare for each of such named tenure holders and that of the petitioner comes to 0.0066 hectare and that of his brother Mohd. Jameel comes to around 0.0067 hectare and one Smt. Sharifunnisha is also mother of the petitioner and of Mohd. Jameel widow of Abdul Bari comes to abut 0.0067 hectare. The award was declared on the basis thereof but before dispersal of the compensation amount an inquiry was carried out. Naib Tehsildar, Balrampur has reported that the land in question is subject of pending partition suit under Section 116 of U.P. Revenue Code, 2006 namely case no.T202308100107330 [Krishna Murari and Others vs. Anil Pratap Singh and Others], however, the suit itself was decided thereafter holding that without actual physical partition of Minjumla khata 96, no partition as prayed under Section 116 can be done between the shareholders, consequently, Krishna Murari Shukla and Ohters have filed an application under Section 30 (2) of U.P. Revenue Code, 2006 before the Court of ADM Balrampur registered as Case No. D202508100000295 which is pending disposal. It is only after such case is decided under Section 30(2), compensation can be given to all affected persons. Instructions are kept on record. Writ petition stands disposed of accordingly. September 25, 2025 mks WRIC No. 9433 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench