Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 88582 (ALL)

HEMANT CHAURASIYA v. STATE OF U.P. AND 4 OTHERS

WRIC/28932/2025 · 2025-09-08

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28932 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard learned counsel petitioner, Shri N.K. Pandey, learned standing counsel for the State-respondents and Shri Vaibhav Tripathi, learned counsel for the respondent - National Highways Authority of India. 2. This writ petition is preferred for following principal relief: "i. TO ISSUE a writ, order or direction in the nature of mandamus commanding and directing Respondents concerned to decide the representation of the Petitioner dated 10.7.2025 regarding the demand of Compensation against illegally acquired land of the Petitioner by the Respondent department." 3. The aforesaid relief is resisted on the ground that the land in question, i.e., Gata No. 85K, measuring 2.6510 hectares, situated at Village Laxmipur, Chaura Bad, Tehsil Padrauna, District Kushinagar, is recorded in the name of PWD (Roads) in the revenue records of Fasli years 1423–1428 as non-agricultural land {Shreni 6(2)}, being used for roads and other public purposes. Since the land belongs to PWD and not the petitioner, he is not entitled to any compensation, and the writ petition is liable to be dismissed. 4. Considering the factual situation, as the disputed questions of fact cannot be adjudicated in writ jurisdiction, we leave it open to the petitioner to avail such remedy as may be available to him under law. 5. With the aforesaid observations, the writ petition is disposed of. September 9, 2025 NLY Versus Counsel for Petitioner(s) : A.P. Singh Counsel for Respondent(s) : C.S.C., Vaibhav Tripathi (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Hemant Chaurasiya .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad