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2025 DAILYLAW 44087 (ALL)

DHURENDER AND 2 OTHERS v. STATE OF U.P. AND 5 OTHERS

WRIC/12028/2025 · 2025-05-07

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74486-DB Court No. - 21 Case :- WRIT - C No. - 12028 of 2025 Petitioner :- Dhurender And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjeev Kumar Tyagi,Surendra Kumar Counsel for Respondent :- C.S.C.,Girdhar Prasad Tripathi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioners have prayed for a writ of mandamus restraining the State-respondents from taking forcible possession of their land comprising of Khata No. 1532, Khasra No. 1245, area 0.3000 hectare without acquiring the same and also without paying compensation therefor. 2. Case of the petitioners is that the respondents are widening an existing road and also constructing a pitch road over the existing kharanza road and in the process, they are utilizing the adjoining land of the petitioners. 3. The Executive Officer, Nagar Panchayat Nagra, Ballia has provided written instructions dated 03.05.2025 through Chief Standing Counsel. The same is taken on record. Therein, the stand taken is that earlier there was a kharanza road in existence and at present, the same has been converted into a pitched/RCC road and only the electricity poles, which were erected in a haphazard manner, have been placed in orderly manner. No additional land has been taken over nor any widening has been carried out. 4. Having regard to the respective pleas, we are of the opinion that the dispute relates to demarcation and therefore, we leave it open to the petitioners to apply for demarcation of their holding and in case, it transpires in the said proceedings that the respondents have occupied any additional land during the process of widening, it shall be open to the petitioners to approach the Authorities with regard to their claim for compensation. 5. The petition stands disposed of. Order Date :- 8.5.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad