Neutral Citation No. - 2025:AHC:51738-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 32) Court No. - 21 Case :- WRIT - C No. - 8174 of 2025 Petitioner :- Jairaj Kumar Gupta And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- R S Dubey,Savita Dubey 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 directing the respondents to pay compensation to the petitioner for arazi no. 31Kha, 32Da, 74/41Kha, 30, 31Ga, 32Gha and 36Da as per provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to decide his representation dated 17.2.2025 filed in this behalf. 2. The case of the petitioners is that the respondents are intending to acquire land of the petitioners at a price fixed by a Committe headed by the District Magistrate and the said rate is not as per the prevailing circle rate. 3. Learned Standing Counsel has placed on record the written instructions received from Executive Engineer, Construction Division-II, PWD, Gorakhpur wherein it is admitted that the respondents intend to acquire title over the subject land on basis of decision of a Committee constituted for determining fair compensation for the land needed for widening of a public road. According to it, the valuation as per prevailing circle rate is Rs. 2600/- per square meters and the affected persons are being offered two times the circle rate i.e. Rs. 5200/- per square meters. 4. Learned counsel for the petitioners submits that the rate being offered to the affected persons is wholly inadequate as the prevailing circle rate is much higher. 5. Since there is no proceeding for compulsory acquisition and the respondents intend to take the land on basis of mutual consent, therefore, in case the offer which is being made to the petitioners is not fair and reasonable as per their estimation, it is open to the petitioners not to agree for transfer of their lands in favour of the respondents. 6. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 9.4.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad