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2025 DAILYLAW 46519 (ALL)

SHOBH NATH MAURYA AND 3 OTHERS v. STATE OF UP AND 4 OTHERS

WRIC/12798/2025 · 2025-05-07

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74752-DB Court No. - 21 Case :- WRIT - C No. - 12798 of 2025 Petitioner :- Shobh Nath Maurya And 3 Others Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Chandra Sen Pal,Jay Devi Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition is for issuing a writ of mandamus commanding the respondent-Authorities to pay compensation to the petitioners in lieu of the land proposed to be acquired for widening of an existing road and to restrain them from using the land of the petitioners unless and until it is acquired in accordance with law. 2. Case of the petitioners is that they are bhumidhar with transferable rights of Plot No. 324, 151, 147, 132 and 357. There exists a road from bhadohi to Umari. It was constructed under the Prime Minister Rural Road Plan. Now, under the same scheme, the respondents are proposing to widening the said road and in the process, they are seeking to cover additional land belonging to the petitioners without acquiring the same or paying any compensation therefor. 3. Learned standing counsel has placed on record the instructions received from Executive Engineer, Rural Engineering Department, PIU, Bhadohi. It is stated that earlier, the road was constructed by the Public Works Department and now the same is being strengthened through Rural Engineering Department. The finance is being provided under the Pradhan Mantri Gram Sadak Yojna. It is stated that since certain land owners raised dispute and therefore, the work could not be initiated. It appears that on account of the resistance offered by the petitioners, the respondents have stopped the work. It also appears that the Executive Engineer, Rural Engineering Department, PIU, Bhadohi vide letter dated 21.01.2025 requested SDM, Bhadohi to nominate a Revenue Inspector so that the land of the road and that of adjoining tenure holders is duly demarcated. 5. In the aforesaid facts and circumstances, we dispose of the instant petition with direction to respondent No. 3 to constitute a team of revenue officials for demarcation and get demarcated the land on which public road is in existence and also the land of the petitioners before undertaking any further constructions. The said exercise shall be completed within four weeks from the date of communication of the instant order. 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