Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 175670 (ALL)

RAM SAJIWAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. PUBLIC WORK DEPTT. LKO. AND 4 OTHERS

/7852/2025 · 2025-11-28

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 7852 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made following main prayer(s): "(i) A writ, order or direction in the nature of mandamus, commanding the opposite parties to pay the compensation for the land of petitioner of Khautani/Khata No.159, Gata no.168 having area of 0.3156 out of 0.424 hectare situated at Thamoli Bhanjan, Post Kahua, Pargana Khandasa, Tehsil Milkipur, District- Faizabad/Ayodhya acquired for Construction of N.H.227 B (Chaurasi Kosi Parikrama Marg) District Ayodhya Way by public work department (P.W.D.) Ayodhya, within stipulated period of time as may be fixed by this Hon'ble Court. 3. By the impugned notice dated 09.06.2025, the prescribed authority has stated that the compensation cannot be paid to the petitioner as a civil suit is pending against the person who has sold the property to the petitioner. However, it clearly appears from the facts that there is no stay in the said suit that was filed in the year 2023. As on date, there is no defect in the title or any encumbrance on the said title by way of any injunction or restraining order. 4. In light of the same, we do not see any reason as to why the compensation should not be paid to the petitioner. Versus Counsel for Petitioner(s) : Dushyant Singh Counsel for Respondent(s) : C.S.C. Ram Sajiwan Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Public Work Deptt. Lko. And 4 Others .....Respondent(s) 5. Accordingly, the impugned notice is quashed and set aside and the authorities concerned are directed to pay the compensation to the petitioner in accordance with the law. Keeping in mind the fact that a civil suit is pending, an indemnity bond may also be sought from the petitioner. Upon the presentation of such a bond by the petitioner, the compensation should be paid to the petitioner in accordance with law. 6. The entire process should be completed within a period of sixteen weeks from date. 7. With the above direction, the writ petition is disposed of. November 28, 2025 akhilesh/- WRIC No. 7852 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench