Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:29969-DB Court No. - 21 Case :- WRIT - C No. - 6225 of 2025 Petitioner :- Ram Sewak Respondent :- State of U.P. and Another Counsel for Petitioner :- Kaushal Kishore Mani Tripathi 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 to follow the procedure prescribed under law and pay compensation to the petitioner.
2. The case of the petitioner is that he is owner of Gata No. 170, area 1.6370 hectare, Village Koni, Tehsil Sadar, District Gorakhpur. The respondents published a general notice in newspaper on 11.2.2023, inviting objections from general public in relation to various plots mentioned in the said notice. The petitioner also filed objection in response to the said notice. However, it is alleged that without deciding the same, the respondents have treated the subject land as ceiling surplus. The petitioner is entitled to compensation for the subject land.
3. The objection said to have been filed by the petitioner in response to public notice, has not been annexed. Even in the past, the petitioner had filed Writ Petition No. 42448 of 2024 for similar reliefs and the said petition was also dismissed on the ground that copy of the public notice as well as objection said to have been filed were not annexed. This time, while the public notice has been annexed, but the objection said to have been filed by the petitioner against the same has not been annexed. Counsel for the petitioner states that the petitioner is not having copy of the objection and therefore it could not be annexed.
4. Learned Standing Counsel states that in case any objection is filed by the petitioner, it will be considered and decided.
5. Accordingly, the petition is disposed of granting liberty to the petitioner to file objection, if so advised and in which event, the respondent-Development Authority will consider and decide the same in accordance with law. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 4.3.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad