Rajendra Singh vs State of U.P. and 2 Others — Land Acquisition | Allahabad HC (2025)

Rajendra Singh vs State of U.P. and 2 Others — Land Acquisition | Allahabad HC (2025)

What the court decided

AI extract

Outcome

The writ of mandamus prayed for was not granted; the petition was disposed of with liberty to the petitioner to avail the demarcation remedy under Section 24 of the U.P. Land Revenue Code, 2006 or a civil suit under common law, and with liberty reserved to claim compensation if duly constituted proceedings establish that any part of his land was taken over without following the process of law.

Issue for consideration

Whether a writ of mandamus should be issued commanding the respondents not to take possession of or dig soil from the petitioner's plots (Nos. 295, 294, 175 and 146), and not to dispossess him except in accordance with law. +1 more

Ratio / Principle

In writ jurisdiction it would not be proper for the Court to examine the factual issue whether the petitioner's land is being affected by the road-widening work.

Key takeaways

The petitioner has a remedy of getting his holding demarcated under Section 24 of the U.P. Land Revenue Code, 2006, apart from the remedy of a civil suit under common law.ratio¶5
The petition was disposed of, with liberty to the petitioner to avail any of the aforesaid remedies (demarcation under Section 24 or a civil suit).ratio¶6
Liberty was reserved to the petitioner to claim compensation if, in any duly constituted proceedings, it is established that any part of his land has been taken over by the respondents without following the process of law.

Detailed headnote1 paragraphs

Writ petition (WRIT-C No. 708 of 2025, Court No. 21, High Court of Judicature at Allahabad; Manoj Kumar Gupta and Anish Kumar Gupta, JJ.; decided 5.3.2025) filed by Rajendra Singh, a Bhumidhar of plots Nos. 295, 294, 175 and 146 at Village Babu Singh Ka Dera, Sarkandi, Tehsil Fatehpur, District Fatehpur, praying for a writ of mandamus commanding the respondents not to dig soil from or take possession of his plots and not to dispossess him except in accordance with law, amid chak-road widening works under Pradhan Mantri Sadak Yojana (phase 3, Batch 1). Respondents no. 2 and 3 furnished written instructions recording that, upon the petitioner's application dated 27.12.2024, a team of revenue officials demarcated the site on 30.01.2025 after due intimation, submitting a report dated 03.02.2025 (Annexure 6) stating that the chak road lies over Gata No. 240, the entire work is being done over Gata No. 240, and the petitioner's Bhumidhari land is not affected. Learned counsel for the petitioner seriously disputed this stand. Holding that it would not be proper to examine such a factual issue in writ jurisdiction, and that the petitioner's remedies lie in demarcation of his holding under Section 24 of the U.P. Land Revenue Code, 2006 apart from a civil suit under common law, the Court disposed of the petition with liberty to avail any of those remedies, additionally reserving liberty to claim compensation should duly constituted proceedings establish that any part of his land was taken over without following the process of law.

Neutral Citation No. - 2025:AHC:31753-DB

Court No. - 21

Case :- WRIT - C No. - 708 of 2025

Petitioner :- Rajendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- S.K. Mishra Counsel for Respondent :- C.S.C.

Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.

1. The instant petition has been filed praying for a writ of mandamus commanding the respondents not to take possession or dig soil from petitioners' plot No. 295, 294, 175, and 146 situated at Village Babu Singh Ka Dera, Sarkandi, Tehsil Fatehpur, District Fatehpur and also not to dispossess the petitioner except in accordance with law.

2. The case of the petitioner is that he is Bhumidhar of the aforesaid plots. The respondents are taking soil from the plots of the petitioner and while widening an existing road they are threatening to take possession of some part of the land of the petitioner.

3. The respondents were granted time to obtain written instructions. In compliance of the said order, respondents no. 2 and 3 have furnished the written instructions. According to it, on the application of the petitioner dated 27.12.2024, a team of revenue officials was constituted and the said team, after due intimation to the petitioner, carried out demarcation at the site on 30.01.2025. It has submitted a report dated 03.02.2025 (Annexure 6 to the written instructions), according to which, the work of widening of chak road is being undertaken under Pradhan Mantri Sadak Yojana-

phase 3, Batch 1. The chak road is over Gata No. 240 and the entire work is being done over Gata No. 240 and the Bhumidhari land of the petitioner is not getting affected.

4. Learned counsel for the petitioner, however, seriously disputes the stand taken by the respondents. He submits that the respondents are in the process of widening the road and the land of the petitioner is getting affected.

5. We of the considered opinion that in writ jurisdiction, it would not be proper to examine the said factual issue. The petitioner has remedy of getting his holding demarcated under Section 24 of U.P. Land Revenue Code, 2006, apart from the remedy of civil suit under common law.

6. Accordingly, we dispose of the instant petition with liberty to the petitioner to avail any of the aforesaid remedies. We also reserve liberty in favour of the petitioner to claim compensation, if in any duly constituted proceedings, it is established that any part of the land of the petitioner has been taken over by the respondents without following the process of law.

(Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)

Order Date :- 5.3.2025 Ruhi H.

Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad