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Allahabad High Court

PREMWATI AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn with liberty to file a fresh petition.

Summary

The petitioners sought compensation for the remaining 0.1610 hectares of land after a sale deed of 0.3000 hectares was declared void. They requested that the writ petition be dismissed as withdrawn, seeking liberty to file a fresh petition for compensation. The petitioners were informed that any claim for compensation would have to be made before the Special Land Acquisition Officer. The learned Standing Counsel for the respondents raised no objection to the petitioners' request. Consequently, the Court dismissed the writ petition as withdrawn, granting the petitioners liberty to file a fresh writ petition if they choose.

Issues considered

  • Whether the writ petition can be dismissed as withdrawn with liberty to file a fresh petition

Subjects

  • land acquisition
  • writ petition
  • dismissal as withdrawn
  • compensation
  • special land acquisition officer

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - C No. - 39319 of 2026

                                    Premwati And 2 Others
                                                                                               .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 2 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Mohd. Salim Khan, Ved Ratan
                                    Counsel for Respondent(s)          :   C.S.C.

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

                                    1. Upon being informed about the fact that out of 0.4610 hectares, the sale
                                    deed of 0.3000 hectares had been declared void and that the petitioners if
                                    were wanting compensation of the remaining land, they would have to
                                    approach the Special Land Acquisition Officer, learned counsel for the
                                    petitioners prays that the writ petition may be dismissed as withdrawn
                                    with liberty to file a fresh writ petition.

                                    2. Learned Standing Counsel has no objection to the dismissal of the writ
                                    petition.

                                    3. The writ petition is, accordingly, dismissed as withdrawn with the
                                    liberty prayed above.



                                                              (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 29, 2026
                                    GS




Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad


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