Disposed

Smt Kewla Devi and Another v. State of U.P. and 3 Others

Allahabad HC5 Oct 2023WRIC/30816/2023

Case brief

AI extract

What is this about?

Petitioners challenged construction of a road over their land without acquisition. The Court disposed of the writ petition without deciding merits, directing the Sub-Divisional Magistrate to pass a reasoned order within six weeks.

What did the court decide?

Directed the Sub-Divisional Magistrate, Machhalishahar, Jaunpur to take remedial measures by passing a reasoned order within six weeks.

Smt Kewla Devi and Another Vs State of U.P. and 3 Others — Land Acquisition | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:191673-DB

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Court No. - 40

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Case :- WRIT - C No. - 30816 of 2023 Petitioner :- Smt Kewla Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sheo Ram Singh,Deepak Singh Yadav Counsel for Respondent :- C.S.C., Bhupendra Kumar Tripathi

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Heard learned counsel for the petitioners, Shri Amit Gupta, learned counsel appearing for Gaon Sabha and Shri S.C. Upadhyay, learned Standing Counsel for the State-respondents.

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By means of the present writ petition, the petitioners have prayed for a writ of mandamus commanding the respondent no. 2 either to restore the possession of the petitioners over the land being Plot Nos. 108 and 109 situated at Village- Godhana, Pargana- Ghisuwa, Tehsil- Machhalishahar, District- Jaunpur or to pay full market value of the land along with additional compensation with interest at 12% Per Annum from the date of acquisition till the date of payment.

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In pith and substance, the petitioners are aggrieved that, without any acquisition, the respondents are constructing pitch road over the land of the petitioners. It has been claimed that, with regard to their grievance, they have already moved detailed representation way-back on 23.05.2023 appended as Annexure-2 to the writ petition before the Sub-Divisional Magistrate, Machhalishahar, Jaunpur. The SubDivisional Magistrate had taken cognizance on the said representation on the same day and directed the S.O. Meerganj/Revenue Inspector/Lekhpal to make an enquiry and ensure that no road would be constructed over the private land. In this backdrop, learned counsel for the petitioners states that, even though, the cognizance had been taken way-back on 23.5.2023 but till date, the petitioners' grievance has not been redressed and the respondents are raising construction over the dispute site.

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Considering the facts and circumstances and without entering into the merit of the case, the writ petition stands disposed of directing the Sub-Divisional Magistrate, Machhalishahar, Jaunpur to take all remedial measures by passing a reasoned and speaking order in accordance with law expeditiously and preferably, within six weeks from the date of receipt of certified copy of this order.

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Order Date :- 5.10.2023/ Rama Kant

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Digitally signed by :- RAMAKANT High Court of Judicature at Allahabad

Smt Kewla Devi and Another v. State of U.P. and 3 Others

Case brief

What is this about?

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Smt Kewla Devi and Another v. State of U.P. and 3 Others

Case brief

What is this about?

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What the court decided

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