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2025 DAILYLAW 55701 (ALL)

RAM NARESH AND 2 OTHERS v. STATE OF UP AND 3 OTHERS

WRIC/14743/2025 · 2025-05-11

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76413-DB Court No. - 21 Case :- WRIT - C No. - 14743 of 2025 Petitioner :- Ram Naresh And 2 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ashish Kumar Gaur,Sanjay Pandey Counsel for Respondent :- C.S.C. 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 Plot No. 140, area 0.1220 hectare, situated at Village Katahula Gauspur, Tehsil Sadar, District Prayagraj, within a stipulated period. 2. The case of the petitioners is that their aforesaid land was acquired by the respondents under the provisions of Act No. 30 of 2013. An award was declared on 9.12.2024. On the same date, the petitioners were issued a notice by the Special Land Acquisition Officer requiring them to submit certain documents to facilitate release of the compensation amount in terms of the award in their favour. Apart from the petitioners, the notice is also addressed to few other persons as they are stated to be co-sharers. The case of the petitioner is that they have submitted the requisite documents and have also filed objection to the effect that the amount awarded as compensation is inadequate and there is also some variance in the area notified for acquisition and the area of which possession was actually taken. In the written objection filed in this regard on 16.1.2025, the petitioners have shown willingness to withdraw compensation, without prejudice to the aforesaid objections. 3. Learned counsel for the petitioners submits that the respondents be directed to release compensation amount without prejudice to their rights and contentions, as stated in the objection dated 16.1.2025. 4. Learned Standing Counsel submits that respondent no. 4 will examine the aforesaid aspect and will take appropriate decision. 5. This, is in our opinion, will subserve the ends of justice. 6. Accordingly, the petition is disposed of with direction to respondent no. 4 to take decision in relation to release of compensation amount in favour of the petitioners within four weeks from the date of communication of the instant order along with photocopy of the objection dated 16.1.2025. This would be without prejudice to the right of the petitioners to take appropriate proceedings against the award. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 12.5.2025 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