Neutral Citation No. - 2025:AHC:50768-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.28) Court No. - 21 Case :- WRIT - C No. - 2531 of 2025 Petitioner :- Onkar Verma And 5 Others Respondent :- Union Of India And Another Counsel for Petitioner :- Akhilendra Singh,Lalta Prasad,Prabhat Kumar Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Rajesh Kumar Jaiswal Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition is for issuing a writ of mandamus directing respondent no.2 to pay compensation to the petitioners for an area measuring 0.0190 hectares of Khata No. 81 Kha situated in Village- Gram Molnathpur, Post Bankat, Jagdish Bhairopur, District- Azamgarh. 2. The case of the petitioners is that the aforesaid land has been inherited by them from Pothiraj. According to the petitioners, he was a duly recorded tenureholder of the same. The respondents have constructed a road over the said land without paying any compensation to the petitioners or their predecessor-in-interest. 3. Learned counsel for the petitioners places reliance on a report submitted by the Revenue Authorities through SDM wherein it is admitted that the aforesaid land belonging to the petitioners has got affected by the construction of the road. It is further stated that initially Plot No. 81 Kha was recorded in the name of ancestors of the petitioners. Later, during consolidation it came to be recorded as 'Sadak' and a new Khata No. 50 was carved out in the name of Pothiraj. To prove the said fact, petitioners have also filed copy of Khatauni of 1421-1426 fasli. 4. Counter affidavit has been filed on behalf of respondent no.1, wherein the stand taken is that the Plot No. 81 Kha is presently recorded as sadak in the Revenue Records and therefore, the same was not included in the acquisition notifications. It is further submitted that for the aforesaid reasons no compensation is payable to the petitioners. 5. As noted above, the report of the Revenue Authorities clearly mentions that the entire land of the petitioners is presently occupied by the road. The Khatauni filed by the petitioners evidences that name of their predecessor i.e., Pothiraj, was recorded over Khasra No. 81 Kha measuring 0.0190 hectares and after his death, that of the petitioners. 6. In such circumstances, we are of the opinion that the entitlement of the petitioners be decided by the District Level Committee in terms of Government Order dated 12.05.2016. 7. Accordingly, the writ petition is disposed of with liberty to the petitioners to make representation alongwith true attested copy of the instant order before respondent no.2 within two weeks and in which event he will transmit the same to the Chairperson of the District Level Committee so that the same is decided by the District Level Committee after giving opportunity to the petitioners to lead evidence and of hearing within further period of twelve weeks. Order Date :- 8.4.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad