HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36249 of 2026 Court No. - 29 HON'BLE SIDDHARTHA VARMA, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard learned counsel for the petitioners, learned Additional Chief Standing Counsel for the State respondents and learned Assistant Solicitor General of India for the respondent - Union of India. 2. The instant writ petition has been filed inter alia for the following relief: "I-Issue a writ, order, or direction in the nature of mandamus commanding and directing the Respondent authorities (specifically Respondent Nos. 2, 3 and 4) to consider and decide the pending statutory representation and grievance applications of the petitioners (including Jansunwai Reference No. 40018626002818 dated 24.02.2026 and subsequent representation dated 25.02.2026 and 09.05.2025 by passing a reasoned and speaking order within a stipulated timeframe. II- Issue a writ, order, or direction in the nature of mandamus commanding the Respondents to conduct a fresh, accurate joint measurement and demarcation of Gata No. 314, Village Samda, Tehsil Mehdawal, District Sant Kabir Nagar, in the presence of the petitioners and prior to initiating any demolition activity or forceful dispossession. III- Issue a writ, order, or direction in the nature of mandamus commanding the respondents to re-asses and disburse appropriate, fair, Versus Counsel for Petitioner(s) : Shyam Sunder Pandey, Vijay Kumar Tiwari Counsel for Respondent(s) : A.S.G.I., C.S.C. Smt. Tamijunnisha And 4 Others .....Petitioner(s) The State Of U.P. And 4 Others .....Respondent(s) and enhanced compensation at market/roadside rates for the actual land area utilized, along with full statutory compensation for the residential house and toilet structures belonging to the petitioners. IV- Issue a writ, order, or direction in the nature of mandamus restraining the respondents, their agents, and subordinates from forcefully dispossessing, evicting, or demolishing the residential structure of the petitioners without proper joint measurement, lawful assessment, and timely payment of due compensation." 4. At the very outset, learned Additional Chief Standing Counsel informed 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 the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short the '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 petitioner within a reasonable time and submit its report to the Chairman/District Magistrate, who may accord adequate compensation accordingly. 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 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 WRIC No. 36249 of 2026 2 consider the claim of the petitioners and ensure that the proceeding shall be finalised expeditiously, preferably within twelve weeks, thereafter. September 17, 2026 NLY WRIC No. 36249 of 2026 3 (Kunal Ravi Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad