Allahabad High Court
PRAHLAD SHARMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the writ petition could not be entertained on its merits and ordered its disposal, directing the petitioner to approach the Sub‑Divisional Magistrate within ten days for a decision in accordance with law.
Summary
Petitioner Prahlad Sharma filed a writ petition seeking a direction that the State of Uttar Pradesh and others not interfere with his peaceful possession of land (Khasra No. 682) and not undertake any construction without due process, also claiming damages under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The respondents argued that the petition was vague, that no cause of action had arisen, and offered no objection if the relief was limited to an early disposal of his pending application dated 24‑04‑2026. The High Court, without examining the merits, disposed of the petition by consent of the parties, observing that the petitioner may file a fresh application before the Sub‑Divisional Magistrate within ten days, attaching a certified copy of the order. The court emphasized that the petitioner’s rights cannot be infringed except in accordance with law. Consequently, the writ petition was dismissed and the matter was remitted to the administrative authority for further consideration.
Issues considered
- What relief, if any, can be granted by the High Court in a writ petition seeking protection of possession and compensation under the 2013 Land Acquisition Act?
- Whether the petitioner's pleadings are sufficient to constitute a cause of action for interference with possession.
Legislation cited
Subjects
- land acquisition
- possession
- writ petition
- compensation
- due process
- Uttar Pradesh
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 19001 of 2026
Prahlad Sharma
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rama Shanker Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Sri Rama Shankar Mishra, learned counsel for the petitioner and
Sri Devesh Vikram, learned A.C.S.C. for the State respondents.
2. The instant writ petition is preferred for a direction commanding the
respondents not to interfere with the peaceful possession of the petitioner
over Khasra No. 682 (Gata no.294,240,268 and 302), situated in Village
Pusganwa, Pargana Kot, Tahsil Bilsi, District Budaun and not to carry out
any construction activity therein without following the due process of
law. It is also prayed that respondents may be directed to pay damages
and compensation as per the market rate under the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013. Alternatively it has also been prayed that the
application of the petitioner dated 24.04.2026, which is pending before
the competent authority, may be directed to be decided in accordance with
law.
4. Sri Devesh Vikram, learned A.C.S.C. appearing for the State
respondents resisted the relief and submits that vague and evasive
pleadings have been raised, as till date no such cause of action has arisen
which prejudice the right of the petitioner. However, he submits that in
case the petitioner has confined his relief to the extent of early disposal of
his representation dated 24.04.2026, he has no objection for the same.
5. Considering the facts and circumstances and the relief as prayed for,
without adverting to the merits of the case and with the consent of the
WRIC No. 19001 of 2026
2
parties, the instant writ petition is disposed of with an observation that in
case the petitioner makes a fresh application before the Sub Divisional
Magistrate, Sibli, District-Budaun within ten days from today along with
certified copy of this order, the same shall be decided in accordance with
law. Needless to say that the rights of the petitioner may not be infringed
except in accordance with law.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
May 14, 2026
Pkb/
Digitally signed by :-
PRAMOD KUMAR BAJPAI
High Court of Judicature at Allahabad
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