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2025 DAILYLAW 98061 (ALL)

RAM JANAM YADAV v. STATE OF U.P. AND 4 OTHERS

WRIC/32846/2025 · 2025-10-08

Saral Srivastava, Sudhanshu Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32846 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard Sri Anil Bhushan, learned Senior Advocate, assisted by Sri Abhishek Bhushan, learned counsel for the petitioner, learned Standing Counsel for State respondent nos.1 & 4 and learned counsel for respondent nos.2, 3 & 5. 2. The case of the petitioner is that the land in question i.e. plot no.265 ad- measuring 0.207 hectare, Village Prablhadpur Kohlasa, Pargana and Tehsil- Pindra, District Varanasi was acquired by the Railways. However, Railway Department has informed the Revenue Authority that the Railway does not need the said land. Accordingly, it had requested the Revenue Authorities to refund the compensation and get the land de-notified. Thereafter, the petitioner approached the concerned authority for de-notification of the land, which was rejected by the State Government on 28.01.2015. The petitioner has assailed the said order in Writ-C No.12154 of 2025 in which this Court on 26.02.2015 passed the following order:- " Heard learned counsel for the petitioner. Learned Standing Counsel representing respondent nos. 1 to 3 and 5 and Shri Sudhir Bharti, who has accepted notices on behalf of respondent nos. 4 and 6 may file counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List after expiry of the aforesaid period. Considering the facts, status quo with respect to nature and possession over the land in dispute, as it exists today, shall be maintained by both the Versus Counsel for Petitioner(s) : Abhishek Bhushan, Nikhil Anand Counsel for Respondent(s) : C.S.C., Pranjal Mehrotra Ram Janam Yadav .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) parties." 3. Now, the grievance of the petitioner is that despite there being an interim order passed by this Court in respect of the land in question, the respondents have marked the land for construction of over-bridge and went upon to construct over-bridge on the land in respect to which status-quo order passed by this Court is operating. If that be so, the appropriate remedy of the petitioner is to file an application for compliance of the order dated 26.02.2015 passed by this Court in Writ-C No.12154 of 2025 as the writ petition is not the appropriate remedy in view of the fact that there is already an order of status-quo existing with respect to the plot in question. 4. In such view of the fact, we dismiss the writ petition with liberty to the petitioner to avail appropriate remedy available under law for compliance of the order dated 26.02.2015 passed by this Court in Writ-C No.12154 of 2025. October 9, 2025 NS WRIC No. 32846 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad