Meera Devi v. State of U.P. and 3 Others

Court No. - 21 Case :- WRIT - C No. - 21377 of 2021 Petitioner :- Meera Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamla Kant Mishra,Varun Mishra Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1Heard learned counsel for the petitioner and Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State-respondents.

¶2The prayer made in the instant writ petition is for issuance of a writ of mandamus commanding the District Magistrate, Ghazipur and Executive Engineer, Provincial Division, Public Works Department, Ghazipur to pay the compensation to the petitioner in accordance with law along with interest for having taken over possession of Araji No.88, area 150 sq. meters in Village Dharwan Jewal, Tehsil Saidpur, District Ghazipur for the purpose of widening of a road.

¶3The parties have exchanged the pleadings and after going through the same, it is evident that there is serious dispute between them in relation to the area which got affected as a result of widening of the road.

¶4Sri Rajiv Gupta, learned Additional Chief Standing Counsel suggested that the matter be referred to the District Level Committee for decision in terms of Government Order dated

12.5.2016.

¶5Learned counsel for the petitioner is also agreeable to the said suggestion.

¶6Accordingly, without expressing any opinion on merits, the petition is disposed of with liberty to the petitioner to file a detailed representation along with documentary evidence and true copy of the instant order before respondent no.2 within two weeks from today. He will transmit the representation to the Chairman of the District Level Committee for decision in terms of Government Order dated 12.5.2016 within next 12 weeks. The District Level Committee will get a fresh survey conducted in presence of the petitioner and will pass order after providing opportunity of hearing to the petitioner. (Donadi Ramesh, J) (Manoj Kumar Gupta, ACJ) Order Date :- 30.11.2023 RK High Court of Judicature at Allahabad