HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 18970 of 2026 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Sri Niyaz Chaudhary, learned Senior Counsel assisted by Sri Irshad Saleem, learned counsel for the petitioner; Sri Fuzail Ahmad Ansari, learned Standing Counsel for State-respondents and Sri Shiv Kumar Pal, learned counsel for 1, 4 and 5. 2. The instant writ petition has been preferred, inter alia, for the following reliefs: "i) Issue a writ order or direction in the nature of certiorari quashing the illegal demolition action of respondent nos. 1, 4 and 5 and further to provide rehabilitation/resettlement of petitioner. ii) Issue a writ order or direction in the nature of mandamus directing/commanding the respondent nos. 1, 4 and 5 to forthwith give compensation to the petitioner at the market rate of petitioner's portion of plot No.220/1 and cost of construction of House No.163-B/1, (Varandah, Kitchen Toilet etc. in two floor) Meerapatti, Police Station Dhoomanganj, District Prayagraj and second house No. 150K/1W/N/T Meerapatti Dhoomanganj, Prayagraj having 04 rooms, verandah, toilet kitchen etc, land of which was purchased by the petitioner situated at Mauja- Meerapatti, Pargana and Tehsil-Sadar, District Prayagraj House No.163-B/1, District Po the petitioner. 05 MAY 200 Police Station- Dhoomanganj, as purchased and constructed by the petitioner. iii) Issue a writ order or direction in the nature of mandamus Versus Counsel for Petitioner(s) : Irshad Saleem, Sr. Advocate Counsel for Respondent(s) : A.S.G.I., C.S.C., Shiv Kumar Pal Dr. Wasim Ahmad Siddiqui .....Petitioner(s) Union Of India And 4 Others .....Respondent(s) directing/commanding the respondent No. 2 District Magistrate, Prayagraj to get the area occupied by respondent Nos. 1, 4 and 5 demarcated by the revenue authorities and if respondent Nos. 1, 4 and 5 may be dispossessed if found in illegal possession of petitioner's land within stipulated period as fix by this Hon'ble Court." 3. At the very outset, Sri Niyaz Chaudhary, learned Senior Counsel submits that the petitioner is not inclined to press the relief no. 1, as till date the actual demarcation has not been carried out, whereas the claim and counter claims have been set up by the petitioner as well as railways. He submits that even though the suit proceedings are pending consideration for injunction, meanwhile the Authorities have carried out the demarcation. He submits that in order to redress of grievance of the 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, and he has no objection in case the matter is referred to the District Level Committee. 4. Learned Standing Counsel as well as Sri Shiv Kumar Pal, learned counsel for respondent nos. 1, 4 and 5 have no objection to the prayer so made by the learned Senior Counsel. 5. The position of law is well-established that in view of Article 300A and 31A of the Constitution of India, the owner of land can be divested only in accordance with law after appropriately compensating, if such land is required by the State for public purpose. Since such power of eminent domain is not in dispute, we need not advert the matter at this stage in view of Government Order dated 12.05.2016. 6. Considering the facts and circumstances of the case and the relief prayed in the instant matter, we dispose of the instant petition with liberty to the petitioner 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 WRIC No. 18970 of 2026 2 claim of the petitioner and ensure that the proceeding shall be finalised expeditiously, preferably within twelve weeks, thereafter. May 14, 2026 Pkb/ WRIC No. 18970 of 2026 3 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad