WRIC/16393/2026 of NURUL HASAN AND ANOTHER Vs STATE OF U.P. AND 4 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 16393 of 2026 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Sri Dilip Kumar holding brief of Sri Shams Uz Zaman, learned counsel for the petitioners and Shri Hare Ram Tripathi, learned Standing Counsel for State- respondents. 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 commanding the Respondents to immediately conclude land acquisition under the Right to Fair Compensation and consequently  assess and release the fair market value compensation, in respect of the Petitioners' legally owned land bearing Gata Nos. 184 (Chha), 185(Ga), and 187 (Da) situated in Village Bewa Hussain, TEhsil Dumariyaganj, District Siddharthnagar, while maintaining strict parity with the identically situated co-sharer, within a stipulated time frame as fixed by this Hon'ble Court. II. Issue any other suitable Writ, Order, or Direction to decode the representation dated 15.12.2025 pending before the respondent no. 3, or which this Hon'ble Court  may deem fit and proper under the facts and circumstances of the case to secure the ends of justice." 3. Learned counsel for the petitioners submits that as the petitioners are recorded as co-tenure holders of the plot in question but in arbitrary manner without any reason had been left out from compensation. He submits that the co-owner, Baleshwar Prasad Mishra had also instituted a writ petition, being Misc. Bench No. 2001 of 2007, which was decided on 22.07.2019. He submits that the rightful claim cannot be denied merely on the ground of delay and lapse. Learned counsel for the petitioners next contended that the claim of the petitioners may be examined by the District Level Committee, which is constituted by the Government Order dated 12.05.2016.  Versus Counsel for Petitioner(s) : Mohd Yasir, Shams Uz Zaman Counsel for Respondent(s) : C.S.C. Nurul Hasan And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 4.We have perused the record of the case. From the records, it is clear that co-sharer of the plot has been granted compensation after the order in the writ petition. We see no reason as to why discriminatory treatment is being meted out when the entire area was acquired. 5. 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. 6.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. 7. 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 gp WRIC No. 16393 of 2026 2 (Kunal Ravi Singh,J.)    (Mahesh Chandra Tripathi,J.) Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad