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2025 DAILYLAW 43286 (ALL)

VINOD SHANKAR MISHRA AND 9 OTHERS v. STATE OF U.P. THROUGH ITS PRINCIPAL SECRETARY AND 6 OTHERS

WRIC/11299/2025 · 2025-05-04

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71651 Court No. - 35 Case :- WRIT - C No. - 11299 of 2025 Petitioner :- Vinod Shankar Mishra And 9 Others Respondent :- State Of U.P. Through Its Principal Secretary And 6 Others Counsel for Petitioner :- Yogesh Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State and perused the record. 2. The instant writ petition has been filed for the following relief: "(a) Issue a writ, order or direction, in the nature of MANDAMUS directing the Respondents concerned not to take over the land of petitioners without following the due procedure prescribed under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (b) Issue a writ, order or direction in nature of CERTIORARI to quash /set aside the impugned order dated 03.03.2025 (Annexure No. 1), passed by respondent no. 4 (Sub Divisional Officer, Tehsil-Rajatalab, District Varanasi)" 3. Contention of the learned counsel for the petitioners is that land of the petitioners over which there are constructions of the petitioners is being taken for construction of State highway and without acquiring their land the respondents are going to demolish the constructions of the petitioners. In this regard, the petitioners have approached respondent authorities several times and file application under Section 24 of the U.P. Revenue Code, 2006 but the same has been rejected. 4. Learned Standing Counsel on the basis of instructions has submitted that notices have been issued to some of the petitioners to press their case before the respondent authorities for grant of compensation along with their relevant documents but instead of appearing they have filed this writ petition. 5. Learned counsel for the petitioner further submitted that notices have been issued to petitioner nos. 1, 2 & 3 only and not to other petitioners. 6. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and the petitioners may approach respondent authorities for grant of compensation along with their relevant documents. 7. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of with liberty to the petitioner to approach the respondent no. 5 along with their relevant documents and revenue records for payment of compensation. 7. In case, the petitioners appear within three weeks along with their relevant documents before respondent no.5, respondent No. 5 shall consider and decide their case for compensation in accordance with law, expeditiously, preferably within a period of next six weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 8. It is further provided that till disposal of the applications of the petitioner, no demolition of constrictions shall be carried out by the respondent authorities. Order Date :- 5.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad