Neutral Citation No. - 2025:AHC:109532-DB Court No. - 29 Case :- WRIT - C No. - 21658 of 2025 Petitioner :- Shahin And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akanksha Srivastava,Quazi Mohammad Akaram,Ziauddin Farooqui Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners and learned standing counsel for the State-respondents. 2. The instant writ petition has been filed praying inter-alia for the following relief: "I. Issue a writ, order or direction in nature of certiorari quashing the order dated 31.03.2025 bearing Letter No. 186/2025/I/924116/23-1-25/001-1002 (002)/ 2013/ 2025 written by Joint Secretary, U.P. Government relating to sanction and execution of Road widening/ renovation work in Dalmandi Marg, District Varanasi. (Annexure No. 1 to the writ petition). II. Issue a writ, order or direction in nature of Mandamus commanding respondents restraining them from demolishing the construction of the petitioners without acquiring the property of the petitioners. III. Issue a writ, order or direction in nature of Mandamus commanding Respondents to restraining them from forcing the petitioners to remove/demolish the construction of the petitioners. IV. Issue a writ, order or direction in nature of Mandamus commanding Respondents not to force the petitioners to sign the agreement of willfully giving the land of the petitioners to the government. V. Issue a writ, order or direction in nature of Mandamus commanding Respondents to restrain them from giving any threat or visiting the premises of the petitioners forcing him to demolish his house or leave his house or hand over his house to the government." 3. Learned counsel for the petitioners submits that the respondents are attempting to carry out the road widening work without initiating acquisition proceedings or providing adequate compensation as mandated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the Act, 2013"). It is contended that such action is arbitrary and violative of the petitioners' rights. In support of his submission, reliance has been placed on the judgment dated 21.05.2025 passed by a Division Bench of this Court in Writ-C No. 16448 of 2025 (Rahul Arora and 4 Others vs. State of U.P. and 3 Others). 4. On the other hand, learned standing counsel has raised a preliminary objection regarding the maintainability of the writ petition and contends that, at present, no cause of action has arisen to warrant interference by this Court in its writ jurisdiction. It is submitted that the impugned government order merely contemplates developmental activity and also acknowledges that in case any land is required for road widening for public purpose, acquisition would be undertaken, and compensation would be paid as per law. 5. Upon considering the submissions of the parties and the materials on record, we are of the view that no immediate cause of action has accrued to the petitioners so as to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution. It is clarified that if any development activity is undertaken by the respondents, the petitioners, being lawful owners, shall not be dispossessed except in accordance with law, and compensation, if due, shall be paid in terms of the applicable legal provisions, and the same shall be quantified in terms of the Government Order dated 12.05.2016. Order Date :- 10.7.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad