STATE OF UP AND 5 OTHERS v. MUKESH KUMAR AND ANOTHER
CMRA/149/2025 · 2025-05-15
Shekhar B Saraf, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46658 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46658 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:81957-DB Court No. - 40 Case :- CIVIL MISC REVIEW APPLICATION No. - 149 of 2025 Applicant :- State Of Up And 5 Others Opposite Party :- Mukesh Kumar And Another Counsel for Applicant :- C.S.C.,J. N. Maurya,S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard Sri G.C. Tiwari, learned Standing Counsel appearing on behalf of the review applicant/State and the learned counsel appearing on behalf of the petitioners in the writ petition.
2. This is an application for review of an order passed by this Court on November 6, 2024 in Writ-C No.109 of 2020.
3. Upon perusal of the aforesaid order, one may note down the relevant paragraphs being paragraph Nos.4 and 5, which are delineated below:
"4. Sri Mukul Tripathi, learned Standing Counsel has taken instructions in the matter and it appears that inability to exchange of land has resulted in an inordinate delay of approximately 20 years wherein the petitioners are out of pocket and have received no compensation from the authorities concerned. The same authorities have now agreed to make payment to the petitioners for the said land as per the market value prevailing as on date.
5. The Sub Registrar of Tehsil Mau, District Chitrakoot is directed to carry out valuation of the land of the petitioners, that was taken over by the State Government, within a period of four weeks from date. This information is required to be thereafter relegated to District Magistrate, Chitrakoot, who shall make payment of the said amount to the petitioners within a period of twelve weeks from the date of receipt of the valuation report from the Sub Registrar."
4. Upon perusal of above quoted para 4, it is clear that the authorities have agreed to make payment to the petitioner for the said land as per the market value prevailing, as they have not been able to provide a substitute land to the petitioner. The order was passed on this concession provided by the respondent authorities.
5. In the present review application, there is not even a whisper with regard to consent given by the respondent authorities nor any averment to indicate that the submission made before the Court
was based on incorrect instructions.
6. In light of the same, we do not find any reason to review the
order dated November 6, 2024. However, as the compensation has still not been paid, we extend the time to make the payment within a period of eight weeks from date.
7. Accordingly, the review application is dismissed.
Order Date :- 16.5.2025 Kuldeep (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad