Sandeep Kumar Gautam and 5 Others v. State of U.P. and 3 Others

Court No. - 21 Case :- WRIT - C No. - 36596 of 2023 Petitioner :- Sandeep Kumar Gautam And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manju Lata Verma,Ram Sumer Chaudhary Counsel for Respondent :- C.S.C.,Nagendra Nath Mishra Hon'ble Manoj Kumar Gupta,J. Hon'ble Donadi Ramesh,J.

¶1The case of the petitioners is that their land comprising of Gata No. 1493M is now covered by Godghoiya Nala. The respondents have constructed nala over it without paying any compensation to them. The petitioners have repeatedly represented to the respondents for payment of compensation, but to no avail.

¶2Counsel for the petitioners places reliance on report of Lekhpal dated 10.5.2023 in contending that the respondents also admit that the aforesaid land was recorded in the name of the petitioners and now nala is flowing over it. It is also admitted that the possession is with the respondents. It is urged that in such circumstances, the respondents are liable to pay compensation to the petitioners.

¶3Sri Rajeev Gupta, learned Additional Chief Standing Counsel, states that the claim of the petitioners has to be examined by District Level Committee in terms of G.O. dated 12.5.2016.

¶4Accordingly, without expressing any opinion on merits, the petition is disposed of with liberty to the petitioners to file fresh representation along with true attested copy of the instant order before respondent no. 2, within two weeks from today and in which event, respondent no. 2 will place the same before the District Level Committee for decision in accordance with law, after affording opportunity of hearing to the petitioners and carrying out survey of the site by a revenue team in presence of the petitioners. The entire exercise in this regard shall be completed within twelve weeks from the date of receipt of representation by respondent no. 2.

¶5The order has been passed in the presence of Sri Nagendra Nath Mishra, learned counsel for respondent no. 4. (Donadi Ramesh, J.) (Manoj Kumar Gupta, J.) Order Date :- 1.11.2023 Jaideep/- High Court of Judicature at Allahabad