Allahabad High Court
PRATEEK DEV AND 5 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court disposed of the writ petition without adjudicating the merits, directing the petitioners to file a fresh application under the relevant government order within ten days for expeditious processing.
Summary
Petitioners Prateek Dev and five others filed a writ petition seeking a mandamus directing the State of Uttar Pradesh to release their land in Village Manchna, Mainpuri, which had been earmarked for acquisition under a government order dated 06‑03‑2025 for a bypass project, or to pay compensation as per law. They also asked the court to compel the District Magistrate to consider their detailed objection dated 09‑06‑2026 within a fixed time and issue a reasoned order. The petitioners relied on an earlier Government Order dated 19‑03‑2015, contending that the authority must decide their application expeditiously. The Court, after hearing counsel, declined to examine the merits and, with the parties’ consent, disposed of the petition, observing that the petitioners may file a fresh application under the 19‑03‑2015 order within ten days. The Court indicated that the competent authority should process any such application strictly in accordance with law.
Issues considered
- What relief, if any, is available to petitioners under a writ of mandamus to compel release of land or payment of compensation in a government acquisition proceeding?
- Whether the District Magistrate must decide the petitioners' objection within a time‑frame fixed by the Court and issue a reasoned order.
Subjects
- land acquisition
- writ of mandamus
- compensation
- government order
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38996 of 2026
Prateek Dev And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Namit Srivastava, Vikas Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard learned counsel for the petitioners and learned Standing Counsel
for the State respondents.
2. The instant writ petition has been preferred for the following relief :-
"i. Issue a writ, order or direction in the nature of Mandamus directing
the respondents to either release the Petitioners' land, comprised in Gata
nos. 1914 and 1478 of Village Manchna, District- Mainpuri from
acquisition vide Government Order
no.132/2025/1/899156/2025/2311099(099)/245/2024 dated 06.03.2025
for the ongoing bypass construction or pay adequate compensation to the
Petitioners for the said land in accordance with the law.
ii. Issue a writ, order or direction in the nature of Mandamus
commanding the Respondents, District Magistrate, Mainpuri to consider
and decide the Petitioner's detailed representation/objection dated
09.06.2026 within a time-frame to be fixed by this Hon'ble Court, by a
reasoned and speaking order after affording due opportunity of hearing
to the petitioners"
3. Learned counsel for the petitioner submits that the claim of the
petitioners is to be addressed by the respondent Authority in the light of
the Government Order dated 19.03.2015. Learned counsel for the
petitioner has also confined his relief to the extent that the his application
be decided expeditiously in accordance with law.
WRIC No. 38996 of 2026
2
4. Considering the factual aspect of the issue involved, we are not inclined to
advert the matter on merit of the case. With the consent of the parties, the
instant writ petition stands disposed of with an observation that in case, the
petitioners move a fresh application in the light of Government Order dated
19.03.2015 within ten days from today before the Authority, we expect that
the competent authority shall process the said application expeditiously
strictly in accordance with law.
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
September 28, 2026
Sumit S
Digitally signed by :-
SUMIT SRIVASTAVA
High Court of Judicature at Allahabad
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