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2025 DAILYLAW 172457 (ALL)

GULAM RASUL AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/37298/2025 · 2025-10-29

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 37298 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard learned counsel for the petitioners and Shri Suresh Singh, learned Additional Chief Standing Counsel for the State-respondents. 2. This writ petition has been filed praying inter alia for the following relief: "(I) Issue a writ order or direction in the nature of mandamus directing the respondent authorities to paid compensation of Gata No.1201 bearing area 9 Decimal to the petitioner. (II) Issue a writ order or direction in the nature of mandamus directing the respondents not to demolish house of the petitioner constructed over Gata No.1201 bearing area 9 Decimal situated at village & Post Kaithi, Pargana Ktehar, Police Station Chaubepur, Tehsil Sadar, District Varanasi." 3. Shri Suresh Singh, learned Additional Chief Standing Counsel for the State-respondents has placed detailed instructions, which are taken on record. He submits that there was an encroachment over the State land and during the process of road widening undertaken by the competent authorities, aforesaid encroachment was duly identified and removed in accordance with law. 4. Confronted with the aforesaid situation, learned counsel for the Versus Counsel for Petitioner(s) : Lackey Keshari, Rajesh Yadav Counsel for Respondent(s) : C.S.C. Gulam Rasul And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) petitioners submits that a pick-and-choose policy has been adopted by the respondent authorities. It is submitted that the petitioners have been residing on the said plot since the year 1942 and their possession is long- standing, peaceful, and supported by documentary evidence such as electricity bills and municipal tax receipts. He submits that petitioners' case may be examined sympathetically before any coercive action is taken. 5. Considering the factual situation, we are not inclined to advert to the merits of the case. However, considering the grievance of the petitioners that they have been residing on the land in question for several decades, this Court deems it appropriate to accord them liberty to approach the District Level Committee constituted under the Government Order dated 12.05.2016. Accordingly, the writ petition stands disposed of with liberty to the petitioners to make a fresh representation along with a true attested copy of this order before the District Level Committee constituted under the Government Order dated 12.05.2016 within a week. In the event such a representation is made, the District Level Committee shall consider the claim of the petitioners and ensure that the proceedings are finalized expeditiously, preferably within three weeks thereafter. 6. Till the disposal of the aforesaid representation by the District Level Committee, the parties shall maintain status quo as on today. October 30, 2025 NLY WRIC No. 37298 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad