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Allahabad High Court

SHANKAR DIGVIJAY NISHAD AND 4 OTHERSversusSTATE OF U.P. AND 7 OTHERS

Decided

Holding

The Court held that the petitioners' grievance is a civil matter and no writ relief can be granted.

Summary

The petitioners alleged that respondents No. 7 and 8 sold a portion of land, which did not belong to them, to respondent No. 6 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. They sought a direction to the Collector to adjudicate their claim over the disputed land. The Court examined whether a writ remedy was appropriate or whether the grievance must be pursued under civil law. It held that the petitioners’ grievance is a civil matter and not within the jurisdiction of a writ petition. Consequently, the Court found no basis to issue any further order and dismissed the writ petition. The dismissal leaves the petitioners to seek relief through ordinary civil proceedings.

Issues considered

  • Whether the High Court can direct the Collector to decide the petitioners' claim over land allegedly sold by respondents No. 7 and 8.
  • Whether the remedy for the petitioners' grievance lies under civil law rather than a writ jurisdiction.

Legislation cited

Subjects

  • land acquisition
  • civil remedy
  • writ petition
  • RFCTLARR Act
  • jurisdiction
  • property dispute
  • collector

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 1166 of 2026

                                    Shankar Digvijay Nishad And 4 Others
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 7 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)         : Vinay Kumar Singh
                                    Counsel for Respondent(s)         : C.S.C., Ishan Deo Giri, Vivek Mishra

                                    Court No. - 29
                                                     HON'BLE SIDDHARTHA VARMA, J.
                                                     HON'BLE KUNAL RAVI SINGH, J.

                                    1. Learned counsel for the petitioners, learned Standing Counsel for the
                                    State respondents and learned counsel for the contesting respondents are
                                    present.

                                    2. The petitioners are aggrieved by the fact that certain area of their land
                                    which did not belong to the respondent nos. 7 and 8, had been sold out by
                                    them under the Right to Fair Compensation and Transparency in Land
                                    Acquisition, Rehabilitation and Resettlement Act, 2013 to the respondent no.
                                    6.

                                    3. Learned counsel for the petitioners submits that since, their portion of
                                    land had been sold out by the respondent no. 7 and 8, this Court may
                                    direct the concerned Collector to decide the claim of the petitioners.

                                    4. We have heard the submissions advanced by learned counsel for the
                                    parties and we are of the view that if the petitioners are aggrieved by the
                                    fact that respondent nos. 7 and 8 have sold out the share of land which did
                                    not belong to them, the petitioners have every right to pursue the remedy
                                    which lies under the Civil Laws. As such, no further orders are required to
                                    be passed in this petition.

                                    5. Accordingly, the instant writ petition stands dismissed.



                                                                 (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 29, 2026/Sumit S




Digitally signed by :-
SUMIT SRIVASTAVA
High Court of Judicature at Allahabad


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