Smt Kamla Devi Vs State of U.P. and 3 Others

"1. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to provide compensation along with interest to the petitioner in respect of her land/share measuring 0.0642 hectare of Khata No.1313 Gata No.3078 total area 0.0790 Hectare situated in Bhawani Purwa, Tehsil-Banda, District Banda, which was taken by respondent no.3 and over which Nimni Nala has been constructed in the year 2012."

¶11

Pith and substance, the grievance of the petitioner is that in spite of the actual demarcation of the petitioner's holding, till date the adequate compensation has not been paid to the petitioner qua her holding having Gata No.3078 total area 0.0790 Hectare, situated in Bhawani Purwa, Tehsil-Banda, District-Banda.

¶12

Learned counsel for the petitioner in support of his submission placed reliance upon the report dated 16.05.2018 appended as Annexure-7 to the writ petition. He submits that merely on the basis of some endorsement by an Executive Engineer, Irrigation Division-III, Banda dated 12.01.2024, the rightful claim of the petitioner cannot be denied.

¶13

WRIC No. 33382 of 2025

¶14

2

¶15

At the very outset, 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 petitioner, 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.

¶16

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 petitioner 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 consider the claim of the petitioner sand ensure that the proceeding shall be finalised expeditiously, preferably within twelve weeks, thereafter.

¶17

(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)

¶18

October 14, 2025 Priya

¶19

Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad

Smt Kamla Devi v. State of U.P. and 3 Others

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Smt Kamla Devi v. State of U.P. and 3 Others

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