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2025 DAILYLAW 2918 (ALL)

HARISH CHANDRA MISHRA AND 5 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/35413/2025 · 2026-05-13

Kunal Ravi Singh, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35413 of 2025 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Shri Tripathi B.G. Bhai, learned counsel for the petitioners and Shri Suresh Singh, learned Additional Chief Standing Counsel for the State-respondents. 2. The instant writ petition has been filed praying inter alia for the following relief: "(1) Issue a writ, order or direction in the nature of mandamus, commanding the respondent authorities to release the Plot No.50-Aaand 50-Aa, area 17 Biswa 4 Dhoor in favour of the petitioners and notification to this effect be made in accordance with law within stipulated period to be specified by this Hon'ble Court. (II) Issue a writ, order or direction in the nature of mandamus, commanding the respondents that in alternate if the land in question is required to the State Government, then the State Government may acquire the land in question by giving adequate compensation in view of Section 24 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 inasmuch as the earlier notification has already been lapsed." 3. Learned counsel for the petitioners submits that despite repeated representations made by the petitioners before the concerned authorities Versus Counsel for Petitioner(s) : Akhilesh Kumar Mishra, Tripathi B.G. Bhai Counsel for Respondent(s) : C.S.C. Harish Chandra Mishra And 5 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) for release of the land in question or payment of compensation, no effective decision has been taken till date and only assurances have been given from time to time. It is submitted that neither possession of the land has been taken by the State Government nor any compensation has been paid to the petitioners. The land in question has also not been utilized for the proposed construction of OPEC Hospital and the abadi of the petitioners still exists over the same. It is further submitted that adjoining Plot No. 125, area 2 Biswa 17 Dhoor, has already been released in favour of the original tenure-holder on the ground that the land was not required for hospital purposes and the case of the petitioners is similarly situated. Learned counsel for the petitioners has confined the relief only to the extent that the petitioners' application/representation dated 07.09.2024 be considered and decided in accordance with law by respondent No. 2, namely, the Principal Secretary, Urban Development Department, U.P., Lucknow. 4. Shri Devesh Vikram, learned Additional Chief Standing Counsel for the State-respondents, has no objection to the aforesaid request made by learned counsel for the petitioners regarding expeditious disposal of the petitioners' representation. 5. Considering the facts and circumstances of the case and the limited relief prayed for, without adverting to the merits of the case, and with the consent of the parties, the writ petition is disposed of with a direction to respondent No. 2 to consider and decide the aforesaid application/representation of the petitioners by passing an appropriate reasoned order, strictly in accordance with law, expeditiously. May 14, 2026 NLY WRIC No. 35413 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad