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2025 DAILYLAW 99925 (ALL)

SMT. SHYAM LATA AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/33724/2025 · 2025-09-23

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33724 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Shri Prem Kumar Chaurasia, learned counsel for the petitioners; Shri Fuzail Ahmad Ansari, learned Standing Counsel for State-respondent nos.1 to 4 and Shri Harshit Gupta, learned counsel for the respondent no.5. 2. The instant writ petition has been preferred for a direction to respondents to provide the compensation of the land i.e. plot no.08M area 0.05470 hectare situated at Village Ghaghasara, Tehsil Sahajnwa, District Gorakhpur and for a further direction to respondents not to take over the land of petitioners without following the due procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short the 'Act 2013'). 3. At the very outset, learned Standing Counsel informed to the Court that for redressal of grievance of tenure holders, claiming certain right/title over their land, the State Government had issued detailed Government Order dated 12.05.2016, which provides that in case the claimant files claim supported with requisite documents, the same would be considered by the District Level Committee for ensuring adequate compensation in the light of Act 2013. He submits that once the efficacious remedy is available to the petitioners, the matter should be relegated to the District Level Committee, which may examine the claim of petitioners within a reasonable time and submit its report to the Chairman/District Magistrate, who may accord adequate compensation accordingly. 4. Considering the facts and circumstances of the case and the relief prayed Versus Counsel for Petitioner(s) : Prem Kumar Chaurasia Counsel for Respondent(s) : C.S.C. Smt. Shyam Lata And 2 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) in the instant matter, we dispose of the instant petition with liberty to the petitioners to make fresh representation along with true attested copy of the instant order before District Level Committee constituted under the Government Order dated 12.05.2016 within two weeks. In the event, such representation is made, the District Level Committee shall consider the claim of the petitioners sand ensure that the proceeding shall be finalised expeditiously, preferably within twelve weeks, thereafter. September 24, 2025 RKP WRIC No. 33724 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad