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2025 DAILYLAW 53860 (ALL)

LALMANI SHARMA v. STATE OF U.P. AND 2 OTHERS

WRIC/14004/2025 · 2025-05-05

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72121-DB Court No. - 21 Case :- WRIT - C No. - 14004 of 2025 Petitioner :- Lalmani Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Utkarsh Khanna Counsel for Respondent :- C.S.C.,Divyanshu Nandan Tripathi,Nipun Singh 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 respondent no. 2 to release compensation for the land of the petitioner as soon as possible or release the said land and allow the petitioner to use the same. 2. The petitioner has been served with a notice under Section 29 of U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 inviting objection as to why his land along with other lands be not acquired under the provisions of the Adhiniyam. 3. Counsel for the respondent - Parishad submits that till date notification under Section 32 of the Adhiniyam has not been issued nor any award has been declared and therefore, the prayer for payment of compensation is premature. 4. Counsel for the petitioner submits that the petitioner is not being permitted to use his land only on basis of notice under Section 29 of the Adhiniyam. 5. Since, admittedly till date no notification under Section 32 of the Adhiniyam has been issued nor any award is in existence, therefore, we find force in the submission that the claim for compensation is premature. 6. As admittedly Section 32 notification has not been issued so far, therefore, in our opinion, there could be no impediment in way of the petitioner in cultivating his land. 7. With the aforesaid clarification, the petition stands disposed of. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 6.5.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad