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Neutral Citation No. - 2025:AHC:19486-DB Court No. - 29 Case :- WRIT - C No. - 29501 of 2024 Petitioner :- Ajeet Kumar Yadav Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Abhishek Kumar Yadav,Bhola Nath Yadav Counsel for Respondent :- C.S.C.,Kartikeya Saran Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Yuvraj Gautam, Advocate holding brief of Sri Kartikeya Saran, learned counsel for Mela Pradhikaran.
2. This petition has been filed with the grievance that the authorities of the State, while widening the existing road, have encroached upon the petitioner's bhumidhari plot No. 32, area 0.3600 hectares, situated at Village Rangpura, Tehsil Soraon, Prayagraj. The petitioner, therefore, submits that the respondents be injuncted from interfering over his land and that the petitioner's representation made to the District Magistrate be also directed to be accorded consideration.
3. During the course of argument, learned counsel for the petitioner submits that the road has substantially been constructed, therefore, the respondents must compensate the petitioner adequately, or else his constitutional right to hold property under Article 300-A would be violated.
4. Learned Standing Counsel submits that the claim of the petitioner about his land, having been utilized for road widening, can always be examined by a fact-finding authority and if it is found that the petitioner's land has been utilized for such purposes, then the State would adequately compensate the petitioner. A committee has already been constituted for such purposes, headed by the District Magistrate by Government Order dated 12.5.2016.
5. In such circumstances, we dispose of this petition with the direction upon respondent No.3 i.e. District Magistrate, Prayagraj to get the petitioner's grievance examined by referring the matter to the designated committee which will determine the factual
assertion made by the petitioner regarding utilization of his bhumidhari land in road widening and if it is found that such land of the petitioner has in fact been utilized in the construction of road, the authorities would adequately compensate the petitioner in accordance with the applicable Government Order.
6. Such action would be get undertaken by respondent No.3/District Magistrate, Prayagraj within a period of three months from the date of presentation of a copy of this order. Order Date :- 11.2.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad