Allahabad High Court

: Ajay Mishra, Shri Krishna Mishra, Shubham Kumar Dubey Counsel for Respondent(s) : C.S.C. Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J.

1. Heard Shri Shrikrishna Mishra, learned counsel for the petitioners and Shri N.K. Pandey, learned Standing Counsel for the State-respondents.

2. This writ petition has been filed praying inter alia for the following relief: "I. Issue a writ order or direction in the nature of Mandamus directing the respondents No. 1, 2 and 3 to return the land of the petitioners as the land in Arazi No. 8 area 0.274 Hectares and Arazi No. 68 area 0.362 Hectares situated in Loiabhar Tahsil Dhanghata Sant Kabir Nagar, the real land owner was Late Parmatama Prasad Pandey and the petitioners No. 1 to 8 are legal heirs of Late Parmatama Prasad Pandey and the land in Khasra No. 31 area 0.120 Hectares, the land owner was Late Ram Lakhan and the petitioner No. 9 and 10 are the legal heirs of Late Ram Lakhan, land in Khasra No. 105 area 0.450 Hectares was real owner of Late Soharat and the petitioners No. 11, 12 and 13 are legal heirs of Late Soharat, that the land in Khasra No. 104 area 0.176/2 the real owner was Late Swami Nath and the petitioner No. 14 and 15 are legal heirs of Late Swami Nath, the land in Khasra No. 104 area 0.176/2 Hectares the real tenure holder was Late Pashupati Nath and the petitioner No. 16, 17 and 18 are legal heirs of Late Pashupati Nath, the land in Khasra No. 111 area 0.324/2 Hectares the real owner was Late Chandrabali and the petitioner No. 19 is legal heir of Late Chandrabali, land in Khasra No. 2 WRIC No. 36977 of 2025 186 area 0.274/2 Hectares and Arazi No. 187 area 0.140/2 Hectares the real owner was Late Bhagwan Das and the petitioner No. 20 is legal heir of Late Bhagwan Das, the land in Khasra No. 186 area 0.274/2 Hectares and land in Khasra No. 187 area 0.140/2 Hectares of the petitioner No. 21, the land in Khasra No. 7 area 0.393/2 Hectares the real owner was Late Bajrang and the petitioner No. 22, 23 and 24 are legal heirs of Late Bajrang, the land in Khasra No. 5 area 0.278 Hectares recorded in the name of Late Vindhyachal and the legal heirs of the Late Vindhyachal are petitioner No. 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 and they all are grandson of Late Vindhyachal, the aforesaid lands situated in Village Loiabhar Tahsil Dhanghata District Sant Kabir Nagar the land in Khasra No. 31 area 0.120 Hectares, the land owner was Late Ram Lakhan and the petitioner No. 9 and 10 are the legal heirs of Late Ram Lakhan, land in Khasra No. 105 area 0.450 Hectares was real owner of Late Soharat and the petitioners No. 11, 12 and 13 are legal heirs of Late Soharat, that the land in Khasra No. 104 area 0.176/2 the real owner was Late Swami Nath and the petitioner No. 14 and 15 are legal heirs of Late Swami Nath, the land in Khasra No. 104 area 0.176/2 Hectares the real tenure holder was Late Pashupati Nath and the petitioner No. 16, 17 and 18 are legal heirs of Late Pashupati Nath, the Khatra 1 area 0.324/2 Hectares the real owner was Late Frabali and the petitioner No. 19 is legal heir of Late Chandrabali, land in Khasra No. 186 area 0.274/2 Hectares and Arazi No. 187 area 0.140/2 Hectares the real owner was Late Bhagwan Das and the petitioner No. 20 is legal heir of Late Bhagwan Das, the land in Khasra No. 186 area 0.274/2 Hectares and land in Khasra No. 187 area

0.140/2 Hectares of the petitioner No. 21, the land in Khasra No. 7 area

0.393/2 Hectares the real owner was Late Bajrang and the petitioner No. 22, 23 and 24 are legal heirs of Late Bajrang, the land in Khasra No. 5 area 0.278 Hectares recorded in the name of Late Vindhyachal and the legal heirs of the Late Vindhyachal are petitioner No. 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 and they all are grandson of Late Vindhyachal, the aforesaid lands situated in Village Loiabhar Tahsil Dhanghata District Sant Kabir Nagar within stipulated period. II. Issue a writ order or direction in the nature of Mandamus directing the respondents not to interfere in peaceful possession of the petitioners' land 3 WRIC No. 36977 of 2025 situated in Village Loiabhar Tahsil Dhanghata District Sant Kabir Nagar of the petitioners."

3. Thirty-four writ petitioners have invoked the writ jurisdiction for a direction to the State-respondents to accord reprieve under Section 48 of the Land Acquisition Act, 1894 on the strength of averments made in paragraph 14 of the writ petition. It is claimed that the petitioners' land was acquired under the Land Acquisition Act, 1894 and possession of the land has not been taken till date by the State Government, nor compensation has been paid till date in favour of the petitioners. Therefore, the State Government is empowered under Section 48 of the Land Acquisition Act, 1894 to withdraw the acquisition proceeding and transfer the land in favour of the land owners and their legal heirs. Learned counsel for the petitioners has confined his relief to seeking a direction to be issued to the State Government/competent authority to process the application under Section 48 of the Land Acquisition Act, 1894 in accordance with law.

4. Considering the factual situation, we are not inclined to keep the writ petition pending. Without adverting to the merits of the case, the writ petition stands disposed of with the observation that it is open to the petitioners to move a detailed representation along with their revenue records before the Principal Secretary, Government of U.P. - respondent No. 1 within two weeks from today. In case such an application is filed, the same shall be considered in accordance with law, after giving opportunity of hearing to all the parties.

5. It is made clear that this Court has not expressed any opinion on merits of the case of the petitioner. (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) October 29, 2025 NLY

: Ajay Mishra, Shri Krishna Mishra, Shubham Kumar Dubey Counsel for Respondent(s) : C.S.C. Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J.

1. Heard Shri Shrikrishna Mishra, learned counsel for the petitioners and Shri N.K. Pandey, learned Standing Counsel for the State-respondents.

2. This writ petition has been filed praying inter alia for the following relief: "I. Issue a writ order or direction in the nature of Mandamus directing the respondents No. 1, 2 and 3 to return the land of the petitioners as the land in Arazi No. 8 area 0.274 Hectares and Arazi No. 68 area 0.362 Hectares situated in Loiabhar Tahsil Dhanghata Sant Kabir Nagar, the real land owner was Late Parmatama Prasad Pandey and the petitioners No. 1 to 8 are legal heirs of Late Parmatama Prasad Pandey and the land in Khasra No. 31 area 0.120 Hectares, the land owner was Late Ram Lakhan and the petitioner No. 9 and 10 are the legal heirs of Late Ram Lakhan, land in Khasra No. 105 area 0.450 Hectares was real owner of Late Soharat and the petitioners No. 11, 12 and 13 are legal heirs of Late Soharat, that the land in Khasra No. 104 area 0.176/2 the real owner was Late Swami Nath and the petitioner No. 14 and 15 are legal heirs of Late Swami Nath, the land in Khasra No. 104 area 0.176/2 Hectares the real tenure holder was Late Pashupati Nath and the petitioner No. 16, 17 and 18 are legal heirs of Late Pashupati Nath, the land in Khasra No. 111 area 0.324/2 Hectares the real owner was Late Chandrabali and the petitioner No. 19 is legal heir of Late Chandrabali, land in Khasra No. 2 WRIC No. 36977 of 2025 186 area 0.274/2 Hectares and Arazi No. 187 area 0.140/2 Hectares the real owner was Late Bhagwan Das and the petitioner No. 20 is legal heir of Late Bhagwan Das, the land in Khasra No. 186 area 0.274/2 Hectares and land in Khasra No. 187 area 0.140/2 Hectares of the petitioner No. 21, the land in Khasra No. 7 area 0.393/2 Hectares the real owner was Late Bajrang and the petitioner No. 22, 23 and 24 are legal heirs of Late Bajrang, the land in Khasra No. 5 area 0.278 Hectares recorded in the name of Late Vindhyachal and the legal heirs of the Late Vindhyachal are petitioner No. 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 and they all are grandson of Late Vindhyachal, the aforesaid lands situated in Village Loiabhar Tahsil Dhanghata District Sant Kabir Nagar the land in Khasra No. 31 area 0.120 Hectares, the land owner was Late Ram Lakhan and the petitioner No. 9 and 10 are the legal heirs of Late Ram Lakhan, land in Khasra No. 105 area 0.450 Hectares was real owner of Late Soharat and the petitioners No. 11, 12 and 13 are legal heirs of Late Soharat, that the land in Khasra No. 104 area 0.176/2 the real owner was Late Swami Nath and the petitioner No. 14 and 15 are legal heirs of Late Swami Nath, the land in Khasra No. 104 area 0.176/2 Hectares the real tenure holder was Late Pashupati Nath and the petitioner No. 16, 17 and 18 are legal heirs of Late Pashupati Nath, the Khatra 1 area 0.324/2 Hectares the real owner was Late Frabali and the petitioner No. 19 is legal heir of Late Chandrabali, land in Khasra No. 186 area 0.274/2 Hectares and Arazi No. 187 area 0.140/2 Hectares the real owner was Late Bhagwan Das and the petitioner No. 20 is legal heir of Late Bhagwan Das, the land in Khasra No. 186 area 0.274/2 Hectares and land in Khasra No. 187 area

0.140/2 Hectares of the petitioner No. 21, the land in Khasra No. 7 area

0.393/2 Hectares the real owner was Late Bajrang and the petitioner No. 22, 23 and 24 are legal heirs of Late Bajrang, the land in Khasra No. 5 area 0.278 Hectares recorded in the name of Late Vindhyachal and the legal heirs of the Late Vindhyachal are petitioner No. 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 and they all are grandson of Late Vindhyachal, the aforesaid lands situated in Village Loiabhar Tahsil Dhanghata District Sant Kabir Nagar within stipulated period. II. Issue a writ order or direction in the nature of Mandamus directing the respondents not to interfere in peaceful possession of the petitioners' land 3 WRIC No. 36977 of 2025 situated in Village Loiabhar Tahsil Dhanghata District Sant Kabir Nagar of the petitioners."

3. Thirty-four writ petitioners have invoked the writ jurisdiction for a direction to the State-respondents to accord reprieve under Section 48 of the Land Acquisition Act, 1894 on the strength of averments made in paragraph 14 of the writ petition. It is claimed that the petitioners' land was acquired under the Land Acquisition Act, 1894 and possession of the land has not been taken till date by the State Government, nor compensation has been paid till date in favour of the petitioners. Therefore, the State Government is empowered under Section 48 of the Land Acquisition Act, 1894 to withdraw the acquisition proceeding and transfer the land in favour of the land owners and their legal heirs. Learned counsel for the petitioners has confined his relief to seeking a direction to be issued to the State Government/competent authority to process the application under Section 48 of the Land Acquisition Act, 1894 in accordance with law.

4. Considering the factual situation, we are not inclined to keep the writ petition pending. Without adverting to the merits of the case, the writ petition stands disposed of with the observation that it is open to the petitioners to move a detailed representation along with their revenue records before the Principal Secretary, Government of U.P. - respondent No. 1 within two weeks from today. In case such an application is filed, the same shall be considered in accordance with law, after giving opportunity of hearing to all the parties.

5. It is made clear that this Court has not expressed any opinion on merits of the case of the petitioner. (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) October 29, 2025 NLY