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2025 DAILYLAW 75080 (ALL)

SMT. DARSHAN v. STATE OF U.P. AND 3 OTHERS

WRIC/23092/2025 · 2025-08-11

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136057-DB Court No. - 29 Case :- WRIT - C No. - 23092 of 2025 Petitioner :- Smt. Darshan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anuj Chaudhary,Sani Kumar Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard Shri Anuj Chaudhary, learned counsel for the petitioner, and Shri Ambrish Shukla, learned Additional Chief Standing Counsel representing the State-respondents. 2. The present writ petition has been preferred seeking a direction to respondent no. 4, the Special Land Acquisition Officer (Joint Organization), Saharanpur, to disburse compensation in respect of the land allegedly acquired from the petitioner. 3. Learned Additional Chief Standing Counsel, at the outset, raised a preliminary objection as to the maintainability of the petition. It has been pointed out that, as per paragraph 13 of the writ petition, the petitioner herself has admitted that in the Khatauni, the land in question stands recorded as public utility land (Khalihan Bhumi). In view thereof, compensation in respect of the said land has been denied to the petitioner. 4. Learned counsel for the petitioner has clarified that, with regard to the superstructure standing on the said land, compensation has already been paid by the National Highways Authority of India. 5. Considering the factual situation and the preliminary objection so raised, this Court is of the view that no case for interference under Article 226 of the Constitution of India is made out at this stage. In case, the petitioner secures a declaration of rights over the disputed land from a competent Revenue Court, it shall be open to her to seek compensation in respect of such land in accordance with law, at the appropriate stage. 6. With the aforesaid observation, the writ petition is disposed of. Order Date :- 12.8.2025 Shafique Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad