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2025 DAILYLAW 96373 (ALL)

DEEPLAL YADAV v. UNION OF INDIA AND 3 OTHERS

WRIC/32115/2025 · 2025-09-14

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32115 of 2025 Court No. - 29 (SL No.27) HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Shree Prakash Upadhyay, learned counsel for the petitioner and Sri R.K. Jaiswal, learned counsel for respondents no.1 and 4 and Sri Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State. 2. This instant petition is preferred for a direction commanding respondents to make payment of the remaining compensation of Arazi No. 142 admeasuring 0.0291 hectare situated at Village- Dadara, Tehsil Mariyahu, District- Jaunpur, which is acquired by the Government for widening of National Highway, (Bye-Pass) 4 Lane. Alternatively, it is also prayed that a direction be issued to the respondents no.2 and 4 to decide the representation dated 31.07.2025. 3. Learned counsel for the petitioner states that admittedly the petitioner's holding land has been utilized by the NHAI for road widening. As on the spot there was some discrepancy relating to holding of the petitioner accordingly, the Authority had advised the petitioner to invoke appropriate proceedings for actual demarcation. The petitioner has initiated the appropriate proceedings and the correction in the Revenue Record of the same has been allowed by the Competent Authority/Prescribed Authority vide order dated 30.05.2025 under Section 30 of the U.P. Revenue Code, 2006. Versus Counsel for Petitioner(s) : Shree Prakash Upadhyay Counsel for Respondent(s) : A.S.G.I., C.S.C. Deeplal Yadav .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) 4. Learned counsel for the petitioner further states that the discrepancy, as has been earlier indicated by the Authority, has been later on rectified in the appropriate proceedings in view of the order dated 30.05.2025. Therefore, he submits that once the rectification has already been done, the Authority may take a final call and accord the compensation of the land of the petitioner, which has been utilized for widening of the road. 5. In view of the facts and circumstances, without entering into the merits of the case and with the consent, the writ petition is disposed of asking the District Magistrate/Collector (Respondent no.2) to decide the representation dated 31.07.2025 in accordance with law expeditiously and preferably within six weeks from the date of production of a certified copy of this order but certainly after giving opportunity to all the stakeholders in the matter. September 15, 2025 Shubham Arya. WRIC No. 32115 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad