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2025 DAILYLAW 92832 (ALL)

RAKESH KUMAR SAINI v. STATE OF U.P. AND ANOTHER

WRIC/32395/2025 · 2025-10-07

Kunal Ravi Singh, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32395 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Sri Akhtar Ali, learned counsel for the petitioner, Sri Ambrish Shukla, learned Additional Chief Standing Counsel for State-respondents. 2. The instant writ petition has been preferred praying inter alia for the following relief: "1. Issue a writ, order or direction in the nature of mandamus commanding the Additional District Magistrate (Land Acquisition), Ghaziabad/respondent no.2 to consider the application of the petitioner and pass appropriate order for releasing the compensation of the land in question being Khasra Plot No.123A area 0.0440 hct. situated in village-Bonjha, Pargana-Loni Tehsil and District-Ghaziabad in favour of the petitioner in pursuance to the Award passed by the Collector, Ghaziabad. 3. Sri Ambirsh Shukla, learned Additional Chief Standing Counsel for State- respondents has raised an objection qua the maintainability of the instant writ petition as the disputed fact cannot be pressed as the title, rights and claim are to be consolidated by the competent court/Authority and Ghaziabad Development Authority is also necessary party which has not been impleaded in the instant case. He fairly submits that the matter can be relegated to the S.L.A.O. 4. Considering the factual aspect of the issue involved, without adverting into the merit of the case, the instant writ petition stands disposed of with an observation that in case, the petitioner moves a detailed representation within a period of two weeks from today, the same shall be considered and Versus Counsel for Petitioner(s) : Akhtar Ali Counsel for Respondent(s) : C.S.C. Rakesh Kumar Saini .....Petitioner(s) State of U.P. and Another .....Respondent(s) decided by the respondent no.2 in accordance with law after giving opportunity of hearing to all the stakeholders especially Ghaziabad Development Authority. October 8, 2025 Sumit S WRIC No. 32395 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad