RAMESHWAR PRASAD AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. LKO. AND 4 OTHERS
WRIC/11145/2025 · 2025-12-05
Amitabh Kumar Rai, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176873 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176873 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11145 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard the learned counsel for the petitioners and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 5. 2. This petition has been filed by the petitioners for the following prayers:-
"I. Issue a writ order or direction in the nature of mandamus commanding the opposite parties to stop the acquisition of petitioners land Gata No. 57, 58 Kha, 103, 103/768 situated at Village Katehti, Pargana- Atheha, Tehsil- Lalganj, District-Pratapgarh, without providing compensation situated at village- Katehti, Tehsil- Lalganj, District Pratapgarh, in the interest of justice. II. Issue any writ order or direction which this Hon'ble court may deem just fit and proper, in interest of justice. III. Allow the writ petition with cost." (3) It has been submitted by the learned counsel for the petitioners that the petitioners are the tenure holders of Gata Nos.57, 58-Kha, 103, 103/768 situated at Village Katehti, Pargana- Atheha, Tehsil- Lalganj, District-Pratapgarh. The Government has issued a letter dated 06.03.2025 for road widening from Hanumangarhi Bhaisna to Shahbari Lebuda, Chichraha, a total length of 7.150 Kms. The Versus Counsel for Petitioner(s) : Vinod Kumar Tiwari, Nishant Kumar Shukla Counsel for Respondent(s) : C.S.C. Rameshwar Prasad And 3 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 4 Others .....Respondent(s)
Executive Engineer, Construction Division, PWD, has also issued a letter on 30.05.2025 to the Sub-Divisional Magistrate, Tehsil Lalganj, District Pratapgarh, to acquire land which is needed for the purpose of road widening. Without acquiring land, road widening has started and JCB machines have been used by the Authorities destroying the crop of the petitioners and not given any compensation to them. Hence, the petitioners have filed this writ petition with the aforesaid prayers. (4) The learned Standing Counsel has produced before this Court instructions sent by the SDM Lalganj, District Pratapgarh, dated 02.12.2025, wherein it has been stated that a joint team of Revenue and PWD officials was constituted. The petitioners and their family members were also there and an inspection was carried out of the area in question.
There is already a metaled road in existence from Hanumangarhi to Bhaisna, via Shahbari, Lebuda, Chichraha which is marked as a District road on the embankment of the Nahar. It is only this road which is being proposed to be widened. The construction is to be carried out by PWD Construction Division-1, Pratapgarh, on Gata No.57, the names of the petitioners have been recorded alongwith other co-tenure holders as Category-1 Bhumidhar. On inspection being carried out, it was found that the road constructed next to the Nahar marked as Gata No.504 Kha Area 3.805 Hectare is 8 Lattha i.e. 33 feet in width, however, only 25 feet of such road is being repaired/ metaled and the petitioners Plot No.57, 58Kha, 103, 103/768 which are adjacent to the embankment of the Nahar are not being affected in any manner by the road construction. At the time of on the Spot Inspection and Demarcation, the petitioners were also present a copy of the Spot Memo with the signatures of the petitioners has been enclosed to the said instructions. (5) The instructions are kept on record. (6) Accordingly, the writ petition stands disposed of. December 5, 2025 N.PAL WRIC No. 11145 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench