Petitioner seeking mandamus for inadequate land compensation due to disparity in consideration paid to his brother. Court observed mandamus not viable post-execution but granted withdrawal leave, dismissing petition.
Leave granted to withdraw petition; writ petition dismissed as withdrawn.
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Court No. - 21
Case :- WRIT - C No. - 9572 of 2019 Petitioner :- Naimuddin Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Prakash Chaturvedi Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The petitioner has instituted this writ petition for the following relief:
" I. issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 3 to take appropriate action upon the representations of the petitioner and decide the same within stipulated time as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
In the writ petition it is stated that the petitioner and the fifth respondent are real brothers and they are bhumidhar of Plot Nos. 205 and 223 which is situated in Village Dulha Khurd, Tola Katautiya, Pargana Vinayakpur, Tehsil – Naugarh, District Siddharth Nagar. The respondent nos. 3 and 4 required the said land for construction of canal. A sale deed has been executed by the petitioner and his brother in favour of the State.
Now grievance of the petitioner is that the sale consideration paid to the petitioner is unreasonable and inadequate in comparison to the consideration paid to his real brother for the same area of land. It is not disputed that the sale deed has already been executed hence in our view in the present dispute no writ of Mandamus can be issued having regard to the aforesaid facts. Accordingly, at this stage, learned counsel for the petitioner seeks leave of the Court to withdraw the petition.
Leave is granted.
The writ petition is dismissed as withdrawn leaving it open to the petitioner to take recourse to such remedy which is available to him under the law.
No order as to costs.
Order Date :- 26.3.2019 Digamber
2 issues framed by the court
Whether the writ court can issue a writ of mandamus when the sale deed has already been executed.
Whether to grant leave to withdraw the writ petition despite the court's observation on the availability of mandamus.
Naimuddin
State Of U.P.
Pradeep Kumar Singh Baghel
Pankaj Bhatia
As recorded by the court registry
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