The High Court dismissed a writ petition seeking quashing of an order denying compensation for unauthorized land occupation. The court held the decision was based on fact regarding encroachment and noted the existence of an alternative remedy through a suit for damages or restoration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 34
Case :- WRIT - C No. - 28065 of 2019
Petitioner :- Raj Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
"I Issue a writ order in the nature of certiorari, to quash the order dated 28.01.19 passed by Respondent No. 3 (Annexure No. 2) of this petition.
II Issue a writ order or direction in the nature of mandamus directing and commanding to the respondent no.2 to provide the concerned revenue record to respondent no.3 and thereafter respondent no.1, consider the representation Dated 13.05.2019 moved by the petitioner within stipulated and reasonable period, and pay compensation to the petitioner in accordance with law.
III. Issue any other suitable writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
IV. Award the cost of the writ petition in favour of the petitioner."
Order Date :- 12.9.2019 YK
3 issues framed by the court
Whether a writ of certiorari is maintainable to quash an order declining compensation for unauthorized occupation of public land when the alternative remedy of a suit for damages exists.
Whether the lower authority's order finding the petitioner encroached on public land was illegal.
Whether compensation is payable for unauthorized occupation of land after notice to remove.
Raj Kumar Mishra
State of U.P.
District Magistrate, Jaunpur
Executive Engineer, Public Works Department
Sudhir Agarwal
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
