KAMLESH PATHAK AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/36372/2025 · 2025-10-16
body2025
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[ 2025 DAILYLAW 191978 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 191978 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36372 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 Ambrish Kumar Shukla, learned Additional Chief Standing Counsel for the State respondents.
2. The instant writ petition is preferred inter-alia with following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the concerned respondent, their agents and servant not to demolish the petitioners' houses/shop constructed on Gata no.467 M situated in Village Lachhipur, Tehsil Sadar District Gorakhpur and not to encroach the land of the petitioners without following the provisions of Government Order dated 19.03.2025 and without paying compensation. (ii) Issue a writ, order or direction in the nature of mandamus commanding the concerned respondents to hear and decide the writ petition of petitioners with reasoned speaking order in stipulated time in respect of payment of compensation and to communicate the result to petitioners through proper challenge to meet out the needs of justice."
3. Learned counsel for the petitioner has confined his relief and submits that he is not against the construction of road but at the same time, he pressed that the relief be accorded to the petitioner as per the Government
Order dated 19.03.2015, wherein, on the basis of mutual agreement, the compensation is to be ensured under the Act 2013. He states that there is construction, petitioner is also using the same for dwelling purpose and Versus Counsel for Petitioner(s) : Akhilesh Singh, Girish Vishwakarma Counsel for Respondent(s) : C.S.C. Kamlesh Pathak And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
adequate compensation may be ensured in case of demolition.
4. Shri Ambrish Shukla, learned Additional Chief Standing Counsel submits that full fledged mechanism is provided under the Government
Order dated 19.03.2015 as well as 12.05.2016, which provides remedial forum before the District Level Committee to ensure adequate compensation for land as well as construction after calculating valuation. In case petitioner moves an appropriate application under the Government
Order dated 19.03.2015 and 12.05.2016, definitely the grievance of the petitioner may be considered expeditiously.
5. Considering the facts and circumstances, no useful purpose would be served in keeping the writ petition pending consideration. The writ petition is disposed of with the liberty to the petitioner to move an appropriate application relying upon the Government Order dated 19.03.2015 and 12.05.2016 within a week's time before the Competent Authority and it is expected that the competent authority would take all remedial measures in further three weeks' time.
October 17, 2025 RKP WRIC No. 36372 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad