The Central Railway Thru Dy. Chief Engineer Vs State of U.P. and 5 Others

Court No. - 39

Case :- WRIT - C No. - 82 of 2018

Petitioner :- The Central Railway Thru Dy. Chief Engineer Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjay Kumar Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.

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The Central Railways has filed this petition under Article 226 of the Constitution for setting aside the communication dated 22 December 2017 sent by the Additional District Magistrate, Sadar, Agra to the Deputy Chief Engineer Central Railways for deposit of the amount of compensation determined by the Reference Court under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act'). The petitioner has also sought the quashing of the recovery certificate issued by the Tehsildar for recovery of the amount determined by the Reference Court.

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The petitioner does not dispute that against the award of the Reference Court made under Section 18 of the Act a First Appeal lies to the High Court under Section 54 of the Act.

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All that has been contended by learned counsel for the petitioner at the time of hearing of the petition is that till the First Appeal is filed, this Court under Article 226 of the Constitution should grant some injunction to the petitioner.

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It is indeed surprising that such contention should be raised by the Central Railways when a statutory remedy is available under Section 54 of the Act in the form of a First Appeal in the High Court. There is apparently no good reason as to why the Central Railways should file a writ petition only for the purpose of getting an injunction till such time as the First Appeal is filed.

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This petition, therefore, deserves to be dismissed and is, accordingly, dismissed.

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Order Date :- 4.1.2018/NSC

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(Jayant Banerji, J.) (Dilip Gupta, J.)

The Central Railway Thru Dy. Chief Engineer v. State of U.P. and 5 Others

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The Central Railway Thru Dy. Chief Engineer v. State of U.P. and 5 Others

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