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Neutral Citation No. - 2025:AHC:146238-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.48) Court No. - 29 Case :- WRIT - C No. - 16782 of 2025 Petitioner :- Dharmendra Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Sengar Counsel for Respondent :- C.S.C.,Deepak Gaur Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anish Kumar Gupta,J.
1. Heard learned counsel for the petitioner and Shri Devesh Vikram, learned Additional Chief Standing Counsel for State-respondents. 2. The instant writ petition has been filed praying for the following relief:
"A. A Writ, Order or direction in the nature of Certiorari calling for the records and quashing the Impugned Proposal dated 01.04.2024 passed by the Respondent No.05 herein for Construction of Minor Canal in Village Chhani Aheer, Mauza Gatahari, Block Kuthond, Pargana & Tahsil- Jalaun, District Jalaun Under the Respondent No.03
herein
(Annexure
No.01
to
this
Writ
Petition). B. A writ order or direction in the nature of mandamus commanding the Respondent No.01 to 04 herein not to Construct the Minor Canal in Village Chhani Aheer, Mauza Gatahari, Block Kuthond, Pargana & Tahsil- Jalaun, District Jalaun without payment of Compensation to the Petitioner herein Under the Land Acquisition Act concerned and without adopting due procedure of Law for acquiring the Bhumadhgari Agricultural Land i.e. Plots No.46, 47, 48, 67 at Mauza Gatahari, Block Kuthond, Pargana & Tahsil- Jalaun, District Jalaun."
3. At the very outset, learned Standing Counsel informed to the Court that for redressal of grievance of tenure holders, claiming certain right/title over their land, the State Government had issued detailed Government Order dated 12.05.2016, which provides that in case the claimant files claim supported with requisite documents, the same would be considered by the District Level Committee for ensuring adequate compensation in the light of Act 2013. He submits that once the efficacious remedy is available to the petitioner, the matter should be relegated to the District Level Committee, which may examine the claim of petitioner within a reasonable time and submit its report to the Chairman/District Magistrate, who may
accord adequate compensation accordingly. 4.
Considering the facts and circumstances of the case and the relief prayed in the instant matter, we dispose of the instant petition with liberty to the petitioner to make fresh representation along with true attested copy of the instant order before District Level Committee constituted under the Government Order dated 12.05.2016 within two weeks. In the event, such representation is made, the District Level Committee shall consider the claim of the petitioner and ensure that the proceeding shall be finalised expeditiously, preferably within twelve weeks, thereafter. Order Date :- 23.8.2025 Shubham Arya (Anish Kumar Gupta, J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad