Neutral Citation No. - 2025:AHC-LKO:4860-DB Court No. - 2 Case :- WRIT - C No. - 10501 of 2024 Petitioner :- Parshu Ram Bharti Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 3 Others Counsel for Petitioner :- Pradeep Kumar Mishra Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Sri Shailendra Mishra, S.D.M., Sidhauli & Sri Mukesh Sharma, Tehsildar, Sidhauli have joined the proceedings through video conferencing but the Gram Pradhan has not joined the proceedings. Sri Pradeep Kumar Mishra, learned counsel for the petitioner, Sri Manish Mishra, learned Standing Counsel are present. Sri Dilip Kumar Pandey, learned counsel for the Gram Sabha is also present, who has no information as to why the Gram Pradhan has not joined the proceedings though he was intimated about the same. On 10.12.2024, we had passed the following order:- "The petitioner is permitted to implead the Gaon Sabha as opposite party. Necessary impleadment in this regard shall be made during the course of day. Despite the area of the petitioner's land being found short on account of carving out a public pathway to the advantage of all the residents by the Gaon Sabha, the petitioner has not been restored with the full possession of his land holdings or any compensation. Depriving the petitioner of his land holdings or any part thereof without payment of due compensation is impermissible in the eye of law. Shri Manish Mishra, learned State Counsel prays for and is granted a week's time to obtain complete instructions in the matter as to how the petitioner may be compensated for the loss, which he has incurred on account of some part of the land being utilised for the public pathway by the Gaon Sabha. List this case on 8.1.2025 in the list of fresh cases." On 08.01.2025, we had passed the following order:- "Heard. In response to our order dated 10.10.2024, a letter has been sent by Tehsildar seeking further time. Shri Dilip Pandey, learned Counsel for the Gaon Sabha submitted that though he was served notice of the petition, his name is not printed in the cause list. He assures the Court that proper instructions would be placed before the Court by the next date. In the interest of justice, this Court grants 15 days further time for seeking instructions in the matter. We direct the Gram Pradhan i.e. the opposite party no. 4, Sub-Divisional Magistrate, Sidhauli & Tehsildar, Sidhauli to join these proceedings through video conferencing. OfÏce to provide necessary link to the concerned. List/Put up this case on 24.01.2025 as fresh showing the name of Shri Dilip Pandey, Advocate as learned Counsel for the Gaon Sabha. This order shall not be an impediment in the opposite parties proceeding to take a decision as to how to compensate the petitioner for utilization of his land for public purpose by the Gaon Sabha. Shri Manish Mishra, learned Additional C.S.C. to communicate this order to the concerned." Learned Standing Counsel has received instructions to the effect that consequent to the aforesaid orders, the land which has been utilized for construction of the road has been given back to the petitioner. However, the petitioner's counsel says that he does not have instructions in the matter. However, on being asked, the SDM, Sidhauli submits that earlier the instructions could not be provided because compliance of the order had not been made. This is hardly an explanation much less an acceptable one. For non appearance of the Gram Pradhan and for not sending the instructions earlier, a cost of Rs. 5000/- is imposed upon the Gram Pradhan and Rs. 2000/- each upon the S.D.M., Sidhauli and the Tehsildar, Sidhauli for not responding to the letters of the Chief Standing Counsel for sending the instructions in time thereby, delaying the proceedings. Writ petition is disposed of accordingly. The aforesaid cost shall be paid to the petitioner within fifteen days, failing which it shall be open for him to initiate proceedings in this regard. Order Date :- 24.1.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench