HARISH CHANDRA MISHRA AND 5 OTHERSversusSTATE OF U.P. AND 4 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - C No. - 35413 of 2025

Harish Chandra Mishra And 5 Others
                                                                  .....Petitioner(s)
                                       Versus

State Of U.P. And 4 Others
                                                                .....Respondent(s)

Counsel for Petitioner(s)          : Akhilesh Kumar Mishra, Tripathi B.G.
                                     Bhai
Counsel for Respondent(s)          : C.S.C.

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




1. Heard Shri Tripathi B.G. Bhai, learned counsel for the petitioners and
Shri Suresh Singh, learned Additional Chief Standing Counsel for the
State-respondents.

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

     "(1) Issue a writ, order or direction in the nature of mandamus,
     commanding the respondent authorities to release the Plot No.50-Aaand
     50-Aa, area 17 Biswa 4 Dhoor in favour of the petitioners and
     notification to this effect be made in accordance with law within
     stipulated period to be specified by this Hon'ble Court.

     (II) Issue a writ, order or direction in the nature of mandamus,
     commanding the respondents that in alternate if the land in question is
     required to the State Government, then the State Government may acquire
     the land in question by giving adequate compensation in view of Section
     24 of Right to Fair Compensation and Transparency in Land Acquisition,
     Rehabilitation, and Resettlement Act, 2013 inasmuch as the earlier
     notification has already been lapsed."

3. Learned counsel for the petitioners submits that despite repeated
representations made by the petitioners before the concerned authorities
                                                                                            WRIC No. 35413 of 2025
                                                                    2


                                    for release of the land in question or payment of compensation, no
                                    effective decision has been taken till date and only assurances have been
                                    given from time to time. It is submitted that neither possession of the land
                                    has been taken by the State Government nor any compensation has been
                                    paid to the petitioners. The land in question has also not been utilized for
                                    the proposed construction of OPEC Hospital and the abadi of the
                                    petitioners still exists over the same. It is further submitted that adjoining
                                    Plot No. 125, area 2 Biswa 17 Dhoor, has already been released in favour
                                    of the original tenure-holder on the ground that the land was not required
                                    for hospital purposes and the case of the petitioners is similarly situated.
                                    Learned counsel for the petitioners has confined the relief only to the
                                    extent that the petitioners' application/representation dated 07.09.2024 be
                                    considered and decided in accordance with law by respondent No. 2,
                                    namely, the Principal Secretary, Urban Development Department, U.P.,
                                    Lucknow.

                                    4. Shri Devesh Vikram, learned Additional Chief Standing Counsel for
                                    the State-respondents, has no objection to the aforesaid request made by
                                    learned counsel for the petitioners regarding expeditious disposal of the
                                    petitioners' representation.

                                    5. Considering the facts and circumstances of the case and the limited
                                    relief prayed for, without adverting to the merits of the case, and with the
                                    consent of the parties, the writ petition is disposed of with a direction to
                                    respondent No. 2 to consider and decide the aforesaid
                                    application/representation of the petitioners by passing an appropriate
                                    reasoned order, strictly in accordance with law, expeditiously.




                                                       (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
                                    May 14, 2026
                                    NLY




Digitally signed by :-
NAND LAL YADAV
High Court of Judicature at Allahabad