WRIC/36934/2026 of LAL CHANDRA Vs STATE OF U.P. AND 3 OTHERS on 15 September 2026

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 Versus Counsel for Petitioner(s) : Abhishek Saroj, Sunil Kumar Yadav Counsel for Respondent(s) : C.S.C. Lal Chandra .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)

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. September 16, 2026 M.S. Ansari WRIC No. 36934 of 2026 2 (Kunal Ravi Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad