Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 880 (ALL)

MAHESH CHAND v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/14594/2026 · 2026-04-19

Kunal Ravi Singh, Mahesh Chandra Tripathi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 14594 of 2026 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Sri Subedar Mishra, learned counsel for the petitioner and Sri Suresh Singh, learned Additional Chief Standing Counsel for the State respondents. 2. The instant writ petition has been preferred praying inter alia for the following relief :- "I. Issue the writ, order or direction in the nature of mandamus commanding the District Magistrate, petitioner's Varanasi to decide the representation dated 22.04.2025 (Annexure No. 5) and to release compensation of Rs.1,83,60,000/- (Rupees One Crore Eighty-Three Lakh Sixty Thousand Only) along with compensation for two boundary walls, two big trees and one monolith signage as per law and government rates in favour of the petitioner with interest within a fixed period." 3. Learned counsel for the petitioner submits that petitioner is the proprietor of Vimal Automobiles situated at Lalpur, Pandeypur, Varanasi and petitioner's holding admeasuring 101.70 square meters is affected under the proposed road widening. Learned counsel next submits that in view of the proposed road widening, the petitioner is to be conferred compensation as per the rate which is proposed by the respondent. However, the petitioner's holding falls under the commercial rate of Rs.90,000/- per square meter but the respondent Authority, in arbitrary manner, is inclined to settle the petitioner's holding at the rate of Versus Counsel for Petitioner(s) : Subedar Mishra Counsel for Respondent(s) : C.S.C. Mahesh Chand .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) Rs.30,000/- per square meter. He further submits that a direction be issued to the District Magistrate, Varanasi to examine the matter and the same be remedied in accordance with law. 4. Sri Suresh Singh, learned Additional Chief Standing Counsel for the State respondents submits that at this stage, the claim as set up by the petitioner is devoid of merit as nothing is brought on record to indicate that the petitioner's holding is meant for business purpose. However, this aspect can be examined by the Authority in case the matter is relegated to the District Magistrate, Varanasi. 5. Considering the facts and circumstances, we are not inclined to advert on the merit of the case. With the consent of the parties, the instant writ petition stands disposed of with an observation that in case, the application moved by the petitioner is still pending consideration, we expect that the same shall be considered and decided by the concerned Authority within a period of six weeks from the date of production of certified copy of this order. April 20, 2026 Sumit S WRIC No. 14594 of 2026 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad