LAL CHANDRAversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 36934 of 2026

Lal Chandra
                                                             .....Petitioner(s)
                                   Versus

State Of U.P. And 3 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)         : Abhishek Saroj, Sunil Kumar Yadav
Counsel for Respondent(s)         : C.S.C.

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

1. Heard Shri Sunil Kumar Yadav, learned counsel for the petitioners and
Shri Devesh Vikram, learned Additional Chief Standing Counsel for the
State respondents.

2. The instant writ petition has been preferred with prayer to issue direction
in the nature of mandamus directing the District Magistrate, Varanasi
(respondent no.3) to consider grievance of the petitioners and decide the
application dated 20.05.2026 expeditiously within some stipulated time.

3. At the very outset, learned Additional Chief 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 petitioners, the matter should be relegated to the
District Level Committee, which may examine the claim of petitioners
within a reasonable time and submit its report to the Chairman/District
Magistrate, who may accord adequate compensation accordingly.

4. The position of law is well-established that in view of Article 300A and
31A of the Constitution of India, the owner of land can be divested only in
accordance with law after appropriately compensating, if such land is
required by the State for public purpose. Since, such power of eminent
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                                    domain is not in dispute, we need not advert the matter at this stage in view
                                    of Government Order dated 12.05.2016.

                                    5. 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
                                    petitioners 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 petitioners and ensure that the proceeding shall be finalised
                                    expeditiously, preferably within twelve weeks, thereafter.



                                                               (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 16, 2026
                                    M.S. Ansari




Digitally signed by :-
MOHD SAQIB ANSARI
High Court of Judicature at Allahabad