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Allahabad High Court

LAKHAN SINGHversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The petition was disposed and the petitioner was directed to approach the District Level Committee under the 12‑05‑2016 Government Order for a determination of his claim.

Summary

Lakhan Singh filed a writ petition seeking multiple mandamus orders to compel various state respondents to decide his representation, vacate mud fill, stop construction, and remove mud from his agricultural land in Prayagraj. The State Government’s standing counsel highlighted a Government Order dated 12‑05‑2016 that provides a statutory remedy through a District Level Committee (DLC) for tenure‑holders under the 2013 Act. The Court observed that the petitioner should avail this existing remedy rather than seek direct judicial intervention. Accordingly, the petition was disposed with liberty to the petitioner to file a fresh representation before the DLC, attaching a true attested copy of the order, within two weeks. The DLC was directed to consider the claim expeditiously, preferably within twelve weeks.

Issues considered

  • Whether the High Court can issue mandamus directing respondents when a specific statutory remedy via the District Level Committee under the 2016 Government Order exists.
  • Whether the petitioner should be directed to approach the District Level Committee for relief instead of the Court.

Legislation cited

  • Act 2013
  • Government Order dated 12.05.2016

Subjects

  • mandamus
  • land rights
  • district level committee
  • government order
  • writ petition
  • agricultural land
  • compensation
  • Uttar Pradesh

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - C No. - 10496 of 2026

Lakhan Singh
                                                                   .....Petitioner(s)
                                      Versus

State Of U.P. And 6 Others
                                                                .....Respondent(s)

Counsel for Petitioner(s)            : Pushkar Nath Tripathi, Rohit Yadav
Counsel for Respondent(s)            : Azad Rai, C.S.C.

Court No. - 21
               HON'BLE MAHESH CHANDRA TRIPATHI, J.
               HON'BLE KUNAL RAVI SINGH, J.

1. Heard Shri Pushkar Nath Tripathi, learned counsel for the petitioner
and Shri Fuzail Ahmad Ansari, learned Standing Counsel for State-
respondents.

2. The instant writ petition has been preferred praying inter alia for the
following relief:

     "A. Issue a writ order, or direction in the nature of Mandamus
     commanding and directing the respondent no. 2 to decide the
     representation dated 30.12.2025 in the light of writ C No. 8222 of 2024
     (Kaushal Kishor & Bou Another vs. State of U.P. through Additional
     Chief Secretary Luknow and 4 others) on 26.11.2025 within stipulated
     period fixed by this Hon'ble Court.
     B. Issue a writ order, or direction in the nature of Mandamus direct the
     concerning respondent No. 4 and 5 to vacate the filled mud and not
     changed the nature of Chak Nali Arazi No. 35 its area is 0.0370 hectare
     which is situated in Village Padiya, Tehsil Koraon, District Prayagraj.
     C. Issue a writ order, or direction in the nature of Mandamus
     commanding the respondent No. 6 not to harass the petitioner in any
     manner in connection of protecting his Agricultural land and Chak Nali
     No. 35.
     D. Issue a writ order, or direction in the nature of Mandamus direct the
     concerning respondent No. 4 to stop the construction in partial part 22F
     (width) x 200 meter (length) in the Agricultural land of the petitioner
                                                                                                      WRIC No. 10496 of 2026
                                                                           2


                                            which as recorded as a Arazi No. 40 its area is 0.3270 hectare extracted
                                            from total land in area is 0.6540 hectare situated in Village Padiya,
                                            Tehsil Koraon, District - Prayagraj.
                                            E. Issue a writ order, or direction in the nature of Mandamus direct the
                                            concerning respondent No. 4 and 5 to remove the filled mud which has
                                            been fixed in the Agriculture land / Arazi No. 40, its 0.3270 hectare
                                            Extracted from its total area 0.6540 hectare situtated in Village Padiya,
                                            Tehsil Koraon, District - Prayagraj of the petitioner.
                                            F. Award the cost of the petition to the petitioners. "

                                    3. At the very outset, learned Standing Counsel informed to the Court that
                                    for redressal of grievance of tenure holders, claiming certain right/title
                                    over their land, the State Government had issued detailed Government
                                    Order dated 12.05.2016, which provides that in case the claimant files
                                    claim supported with requisite documents, the same would be considered
                                    by the District Level Committee for ensuring adequate compensation in
                                    the light of Act 2013. He submits that once the efficacious remedy is
                                    available to the petitioner, the matter should be relegated to the District
                                    Level Committee, which may examine the claim of petitioner within a
                                    reasonable time and submit its report to the Chairman/District Magistrate,
                                    who may accord adequate compensation accordingly.

                                    4. Considering the facts and circumstances of the case and the relief
                                    prayed in the instant matter, we dispose of the instant petition with liberty
                                    to the petitioner to make fresh representation along with true attested copy
                                    of the instant order before District Level Committee constituted under the
                                    Government Order dated 12.05.2016 within two weeks. In the event, such
                                    representation is made, the District Level Committee shall consider the
                                    claim of the petitioner and ensure that the proceeding shall be finalised
                                    expeditiously, preferably within twelve weeks, thereafter.



                                                            (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
                                    March 19, 2026
                                    Priya




Digitally signed by :-
PRIYA KUSHWAHA
High Court of Judicature at Allahabad


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