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2025 DAILYLAW 53278 (ALL)

USHA DEVI AND 2 OTHERS v. UNION OF INDIA AND 3 OTHERS

WRIC/13804/2025 · 2025-05-04

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70775-DB Court No. - 21 Case :- WRIT - C No. - 13804 of 2025 Petitioner :- Usha Devi And 2 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Krishna Kant Mishra,Samsad Ahmed Khan Counsel for Respondent :- A.S.G.I.,C.S.C.,Swetashwa Agarwal Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioners have prayed for a writ of mandamus commanding the respondents to pay compensation to them in respect of Khasra No. 224, area 40.5 sq. meters, Revenue Village Bijauli, Tehsil Bharthana, District Etawah. 2. The petitioners claim that they hold a valid lease for the aforesaid land. The respondent Authorities have constructed a road over the same without acquisition and payment of compensation. The petitioners are stated to have filed an application before respondent no. 2 in this regard, but no heed has been paid to the same and hence the instant petition. 3. Learned counsel for the petitioners has invited our attention towards a report of Lekhpal dated 21.12.2016 which mentions that in respect of the subject land, there was a valid patta and over the said land, road has been constructed. 4. Sri Saushthav Guha, holding brief of Sri Swetashwa Agarwal, learned counsel appearing on behalf of NHAI, Sri P.C. Shukla, holding brief of Sri R.K. Jaiswal appearing for Union of India and Sri Rajiv Gupta, learned Additional Chief Standing Counsel, appearing for the State respondents, very fairly state that the dispute be referred to the District Level Committee for being decided in terms of G.O. dated 12.5.2016. 5. Accordingly, without expressing any opinion on merits, the petition is disposed of with liberty to the petitioners to make fresh representation along with true attested copy of the instant order before respondent no. 4, who is the Chairperson of the District Level Committee under G.O. dated 12.5.2016. In the event any such representation is filed, the same shall be decided by the District Level Committee within next twelve weeks, after due notice and opportunity of hearing to the petitioners. The District Level Committee shall also get the site demarcated by the revenue authorities before taking any decision in the matter. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 5.5.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad