Neutral Citation No. - 2025:AHC:87510-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.1) Court No. - 21 Case :- WRIT - C No. - 16692 of 2025 Petitioner :- Kaousen Fatama Alias Kesha Ali And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ali Jamal Khan,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Ali Jamal Khan, learned counsel for the petitioners and Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Rajeev Singh, learned Standing Counsel for the State-respondents. 2. The petitioners have prayed for a writ of mandamus restraining the respondents from demolishing their constructions without acquiring the same in accordance with law. The case of the petitioner is that they are owners of House no. CK 68/1 Mohalla Sarai Sitabrai, Kacchi Sarai, Ward Chowk, District- Varanasi. The said house is situated in Dalmandi, Varanasi. The name of the petitioners is duly mutated in the municipal records. The State respondents are intending to demolish the construction of the petitioners and also dispossess them without any acquisition or payment of compensation. 3. It is submitted by learned counsel for the parties that the controversy involved herein is covered by order dated 20.5.2025 passed in Writ C No. 12319 of 2025 (Shahnawaz Khan vs. State of U.P. and Others). 4. The operative part of the said order is extracted below:- "5. The District Magistrate, Varanasi has filed his affidavit on behalf of the State- respondents. The stand taken therein is that the State-Government is proposing to widen and strengthen Dal Mandi road. On 20.3.2025 a preliminary estimate was sent to the State Government for the said purpose. The total estimated cost was Rs. 22059.46 lakhs. Subsequently, a revised estimate was also submitted. The Public Works Department made demarcation of the land/houses which would be affected by widening under the proposed work. It is unequivocally stated in the affidavit that the respondents would acquire title over the land/building which would be affected by the proposed project on basis of mutual consent or through acquisition under the provisions of the Act of 2013. The relevant assertions contained in this regard in paragraphs 13, 14 and 15 are extracted below:- 13- That, the widening and strengthening of the road in question will be completed after the settling the dispute amicably either by purchasing the land in question as provisions of the government order No. 2/2015/215/??-13-2015-20(48)/2011 dated 19.03.2015, with mutual consent/agreement or as per the prescribed provisions under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013. A true copy of the government order dated 19/03/2015 is being filed herewith and marked as Annexure No. 4 to the affidavit. 14-That widening and strengthening of the road in question would be completed after providing the compensation under the provisions of the government order (supra), and if the land owner does not give his consent, then the provisions of the Act of 2013 would be applied. 15-That at present, there is no demolition drive going on adjacent of the road side of the road in question for road widening, those land owners come in purview in the alignment of the road widening and strengthening of the road in question they must be dealt with under the due process of law and no one have deprive their legal rights. 6. Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Rajeev Singh, learned Standing Counsel appearing for the State submits that the respondents would not disturb the possession of the petitioner nor demolish his constructions unless title over the same is acquired through voluntary transfer or by compulsory acquisition or any other mode recognized under law. 7. Keeping in mind the aforesaid stand, the writ petition stands disposed of in terms of the same." 5. Having regard to the aforesaid, we dispose of the instant petition in same terms. Order Date :- 23.5.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad