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2025 DAILYLAW 45873 (ALL)

RAM JIYAWAN DWIVEDI AND 3 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/12052/2025 · 2025-05-06

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73451-DB Court No. - 21 Case :- WRIT - C No. - 12052 of 2025 Petitioner :- Ram Jiyawan Dwivedi And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Narsingh Pandey Counsel for Respondent :- Paras Nath Rai,C.S.C.,Kiran Bala Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioners are claiming compensation for half share in Gata no.622, 625, 654, 655, 656, 657, 658 and 659 of Village- Roopgarh, Tehsil- Harraiya, District- Basti. 2. The aforesaid land, according to the petitioners, was acquired under the provisions of the National Highways Act, 1956. An award was declared in respect of the same on 27.01.2024. As compensation has not been released in favour of the petitioners so far, hence, the instant petition. 3. There is a request on behalf of Shri P.N. Rai, learned counsel representing respondent no.3 for adjournment on ground of personal difficulty. 4. Instructions provided by the Executive Engineer, PWD through advocate Smt. Kiran Bala is already on record. Therein, it is not disputed that the land was duly acquired and an award was also made. 5. Learned Standing Counsel has placed on record the written instructions received from the competent authority in which also it is admitted that the subject land was acquired. It is stated that a report has been called for from SDM regarding share of the petitioners in the subject land and after obtaining the report, payment would be made as per the shares of the parties. 6. Accordingly, we dispose of the instant petition by providing that appropriate decision in respect of the claim of the petitioners shall be taken by respondent no.2 within six weeks from the date of communication of the instant order alongwith a fresh representation. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.5.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad