The High Court disposed of the writ petition without expressing an opinion on merits. The Court directed the Respondent to consider a detailed representation from the petitioner along with a certified copy of the order within six weeks.
Respondent directed to consider detailed representation within six weeks disposal without merits.
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Court No. - 39
Case :- WRIT - C No. - 10708 of 2019
Petitioner :- Kawar Sen Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Irfanul Huda Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble B. Amit Sthalekar,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Irfanul Huda, learned counsel for the petitioner, learned Standing Counsel for the respondents no. 1 and 2 and Sri Kaushalendra Nath Singh, learned counsel appearing for Respondent No.3.
The petitioner is seeking a direction to the respondents to provide 5% more Abadi land to him and also to provide 64.7% additional compensation of the acquired land.
It is not in dispute that petitioner was not a party to the earlier proceedings in the case of Gajraj and others Vs. State of U.P. and others, 2011 (11) ADJ 1 and other connected matters, therefore, he is not entitled for 5% more Abadi land. In respect of additional compensation of 64.7% the learned counsel for the petitioner has submitted that he will make a detailed representation to Respondent No.3 and prays that the Respondent No.3 be directed to decide the same within a specified time as fixed by this Court.
Considering the aforesaid and without expressing any opinion on merits of the case, we dispose of the writ petition with the observation that in case, the petitioner files a detailed representation before Respondent No.3 along with certified copy of this order, the same shall be considered and decided within a period of six weeks from the date of filing of representation, in accordance with law.
Order Date :- 29.3.2019 Kirti
1 issue framed by the court
Whether the petitioner is entitled to 5% more Abadi land and 64.7% additional compensation of acquired land having not been a party to earlier proceedings.
Colour shows how this judgement treated each authority
Gajraj and others Vs. State of U.P. and othersReferred¶6
Gajraj and others Vs. State of U.P. and others, 2011 (11) ADJ 1
1 provisions across 1 enactments
Kawar Sen
State Of U.P.
2 Others
B. Amit Sthalekar
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
