The High Court directed the Sub Divisional Magistrate to expedite a decision on the petitioner's representation regarding land acquisition for National Highway No. 29 within two months, without adjudicating the merits of the claim.
Direction to respondent no. 3 to decide the petitioner's representation within two months.
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Court No. - 39
Case :- WRIT - C No. - 41049 of 2018
Petitioner :- Nandlal Srivastava Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Chandan Singh,Santosh Singh Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Shri Santosh Singh, learned counsel for the petitioner, Shri Neeraj Dube, learned counsel for respondent no. 2 and learned standing counsel for respondent nos. 3 and 4. Learned ASGI has accepted notice on behalf of respondent no. 1.
The petitioner, in this writ petition, is seeking a direction to the respondent no. 3 to comply with his own order dated 04.10.2018.
It appears that plot of land of the petitioner was acquired for expansion of the construction of the National Highways No. 29. In Case No. 108 ( Shaila Vs. Ramautar and Others ), the petitioner had filed his objections on 02.12.2017. The extract of the khatauni, at page 12 of the paper book, shows the name of the petitioner in plot no. 00095. The petitioner, in respect of his claim, is stated to have preferred a representation before the Sub Divisional Magistrate/Prescribed Authority, Tehsil - Kasimabad, District - Ghazipur on 19.11.2018 under the receiving of the authority of the same date.
No useful purpose will be served in keeping the writ petition pending. This writ petition is disposed of with the direction to the respondent no. 3, Sub Divisional Magistrate/Prescribed Authority, Tehsil - Kasimabad, District - Ghazipur, to consider and decide the petitioner's reply/objection/representation dated 19.11.2018 (Annexure No. 3 to the writ petition) expeditiously, preferably within a period of two months from the date of receipt of a certified copy of this order in his Office. Along with the certified copy of this order, the petitioner shall also provide the copy of his representation dated 19.11.2018.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits.
Order Date :- 13.12.2018 Amit Mishra
1 issue framed by the court
Whether respondent no. 3 should be directed to consider the petitioner's representation regarding land acquisition.
Colour shows how this judgement treated each authority
Shaila Vs. Ramautar and OthersReferred¶7
Nandlal Srivastava
Union Of India
Respondent no. 2
Respondent no. 3
Respondent no. 4
B. Amit Sthalekar
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
