Allahabad High Court
DEVKARAN AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of, with a direction to the LARRA to decide the pending execution case expeditiously, ensuring service of notice, hearing, and opportunity to lead evidence, unless a legal impediment exists.
Summary
The petitioners, Devkaran and four others, filed a writ petition under Article 227 seeking a direction to the Presiding Officer of the Land Acquisition, Rehabilitation & Resettlement Authority (LARRA), Gautam Budh Nagar, to decide Execution Case No. 31 of 2022 (Manoj Kumar & Others vs State of U.P.) within the stipulated time. The petition alleged that the execution case was pending and that expeditious disposal was necessary. The Court observed that since the execution case itself was pending, there was no merit in keeping the writ petition alive. Consequently, the Court disposed of the writ petition, directing the LARRA to decide the execution case promptly, after serving notice to all respondents, affording a hearing, and allowing evidence, unless any other legal impediment existed. The order was pronounced on 7 May 2026 by Justice Vikas Budhwar.
Issues considered
- Whether a writ petition under Article 227 seeking a direction to a land acquisition authority to decide a pending execution case is maintainable.
- Whether the High Court can direct the authority to decide the execution case expeditiously, subject to procedural safeguards.
Subjects
- Article 227
- writ petition
- Land Acquisition, Rehabilitation & Resettlement Authority
- execution case
- expeditious disposal
- service of notice
- right to hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6382 of 2026
Devkaran And 4 Others
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Kamlesh Kumar Mishra
Counsel for Respondent(s) : C.S.C., Kaushalendra Nath Singh
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard.
2. In view of the order, which is being proposed to be passed today, notices
are not being issued to the respondents.
3. The solitary relief claimed in the present writ petition for a writ, order or
direction to the Presiding Officer, Land Acquisition, Rehabilitation &
Resettlement Authority, Gautam Budh Nagar to decide the Execution Case
No. 31 of 2022 (Manoj Kumar & Others Vs. State of U.P. & Others)
pending before it within stipulated time, as may deem fit and proper by this
Hon'ble Court.
4. Learned counsel prayed that the said suit may be decided, expeditiously.
5. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
6. In view of the above, this writ petition stands disposed of with a direction
to the Presiding Officer, Land Acquisition, Rehabilitation & Resettlement
Authority, Gautam Budh Nagar to decide the Execution Case No. 31 of 2022
(Manoj Kumar & Others Vs. State of U.P. & Others), in accordance with
law, expeditiously, after ensuring service of notice upon all the respondents
and providing opportunity of hearing to all the concerned parties as well as
giving a reasonable opportunity of leading evidence in respect of their case,
provided there is no other legal impediment.
May 7, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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