Rajkumar Gupta And 8 Others vs State Of U.P. And 6 Others
2023 Latest Caselaw 36499 ALL

Allahabad High Court

Rajkumar Gupta And 8 Others vs State Of U.P. And 6 Others on 22 December, 2023

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


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Neutral Citation No. - 2023:AHC:243041-DB
 
Court No. - 40
 

 
Case :- WRIT - C No. - 43071 of 2023
 

 
Petitioner :- Rajkumar Gupta And 8 Others
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Sudeep Dwivedi
 
Counsel for Respondent :- C.S.C.,Vineet Sankalp
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Prashant Kumar,J.

1. Heard learned counsel for the petitioner, Sri S.C. Upadhyay, learned A.C.S.C. for State-respondents and Sri Vineet Sankalp, Advocate for Nagar Nigam, Varanasi.

2. Petitioners, Rajkumar and 8 others, have approached this Court by filing the present petition seeking following reliefs:

"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents restraining them from demolishing the construction of the petitioners without acquiring the property of the petitioner.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents restraining them from forcing the petitioners to remove/demolish the constructions marked by the Public Works Department, orally informed to be illegal, without acquiring the property of the petitioners.

(iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to follow the procedure of law before the property of the petitioners is taken by the Government for widening of road from Varanasi-Azamgarh Highway (NH-233) from Kali Mata Mandir via Awas Vikas Colony in 2.40 kilometers 2 lane and 4.10 kilometers (from Pandeypur Chauraha to Ring Road) 4 District Varanasi.

(iv) Issue a writ, order or direction in the nature of mandamus commanding the respondents to restrain them from giving effect to the project of road widening from Varanasi-Azamgarh Highway (NH-233) from Kali Mata Mandir via Awas Vikas Colony in 2.40 kilometers 2 lane and 4.10 kolometers (from Pandeypur Chauraha to Ring Road) 4 District Varanasi pursuance to the Government Order dated 23.12.2021."

3. The coordinate Bench vide order dated 15.12.2023 had asked learned Standing Counsel to seek instructions in the matter.

4. Learned counsel for the petitioners confined his prayer that the matter is squarely covered with the judgment dated 11.12.2023 in Writ-C No. 32632 of 2023 (Smt. Chand Kapoor others Vs. State of U.P. and others).

5. The claim is resisted by learned A.C.S.C. on the ground that except petitioners no. 4 and 9, rest of the petitioners could not submit any evidence regarding their title over property in question, but he fairly states that in case petitioners demonstrate their valid title or claim over the property, the same would be considered by the authority in the light of the Government Order dated 19.03.2015.

6. In view of above, the present petition is disposed of in terms of the judgment dated 11.12.2023 in Writ-C No. 32632 of 2023 (Smt. Chand Kapoor others Vs. State of U.P. and others) providing that the respondents shall not demolish the existing constructions without following the procedure of law. However, it will be open to them to enter into negotiations with the petitioners for acquisition of title over the land which is going to be affected by widening of the road. In cases, where the person concerned has already given consent, it shall be open to the respondents to proceed further in the matter in accordance with law.

Order Date :- 22.12.2023

P.Sri.