WRIC/16096/2026 of KAILASH AND ANOTHER Vs UNION OF INDIA AND 4 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 16096 of 2026 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Sri Atiul Raza Khan, learned counsel for the petitioners, Shri Ambrish Shukla, learned Additional Chief Standing Counsel for State- respondents, Sri Paras Nath Rai, learned counsel appearing on behalf of respondent no. 1 and Sri Sudheer Mishra, learned counsel appearing on behalf of respondent nos. 4 and 5. 2. The instant writ petition has been preferred praying inter alia for the following relief: "(i) Issue a writ, order or direction in the nature of MANDAMUS directing the respondents to pay the additional compensation to the petitioners in respect of Gata No. 756 Chh. area 0.1180 Hectare, situated at Revenue Village Kunwarpur, Tehsil Saidpur, District Ghazipur forthwith. (ii) Issue a writ, order or direction in the nature of MANDAMUS directing the respondents to decide the representation dated 09.09.2025 moved by the petitioners within short stipulated period as this Hon'ble Court may deem and proper under the facts and circumstances of the case in accordance with law." 3. At the very outset, learned Additional Chief 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 Versus Counsel for Petitioner(s) : Atiul Raza Khan Counsel for Respondent(s) : A.S.G.I., Anurag Yadav, C.S.C., Paras Nath Rai Kailash And Another .....Petitioner(s) Union Of India And 4 Others .....Respondent(s) 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. 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. 5. 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 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 and ensure that the proceeding shall be finalized expeditiously, preferably within twelve weeks, thereafter. May 6, 2026 Sumit S WRIC No. 16096 of 2026 2 (Kunal Ravi Singh,J.)   (Mahesh Chandra Tripathi,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad