Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 17465 (ALL)

RAJENDRA TIWARI AND 3 OTHERS v. STATE OF U.P. AND 6 OTHERS

WRIC/4120/2025 · 2025-02-13

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:20318-DB Court No. - 21 Case :- WRIT - C No. - 4120 of 2025 Petitioner :- Rajendra Tiwari And 3 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Jamil Ahamad Azmi,Mohd Umar Farooq Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed praying for a writ of mandamus commanding the respondents not to interfere in lawful possession of the petitioners over their share of land in dispute and for a further direction to the respondent Authorities to acquire the land of the petitioners and to make payment of compensation as per the provisions of Act No. 30 of 2013 and the relevant government orders. 2. The case of the petitioners is that they are bhumidhars of Gata No. 243, 79, 141 and 135 respectively of Village Turk Walia, Dariyao Singh, Post Ahirauli Bazar, Tehsil Kasya, District Kushinagar. The said land is adjacent to approach road Kasya Ramkola to Gonai Chapra. The State Government issued G.O. dated 21.11.2023 sanctioning funds for strengthening and widening of the said road. The Superintending Engineer, PWD issued an office memo dated 1.1.2024 approving the technical bids of persons who had applied for carrying out the project. The case of the petitioners is that the respondents are intending to include the subject land of the petitioners in executing the project, without any acquisition and which is in violation of their constitutional right under Article 300-A of the Constitution of India. It is submitted that in these circumstances, the respondents should be restrained from interfering in the possession of the petitioners unless their land is validly acquired. 3. Sri Rajiv Gupta, learned Additional Chief Standing Counsel, submits that the respondents would not interfere in the possession of the petitioners over the subject land in any manner, without perfecting their title over the same, either by obtaining sale deed from the petitioners on basis of mutual negotiations, or by undertaking compulsory acquisition. 4. Having regard to the stand taken by learned Additional Chief Standing Counsel, we dispose of the instant petition in the same terms. The respondents shall not interfere in the possession of the petitioners over the subject land, unless they acquire valid title over it in a manner recognized under law. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 13.2.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad