Petitioner sought compensation for acquired land and decision on representation. Court found representation pending, disposed of writ without merits, directed respondent to decide representation via speaking order within two months.
Direction to respondent to decide pending representation dated 16.11.2019 with speaking order within two months.
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Court No. - 4
Case :- WRIT - C No. - 5313 of 2020
Petitioner :- Prema Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Katiyar,Anand Mohan Pandey Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Shamim Ahmed,J.
Learned counsel for the petitioner prays for and is permitted to implead U.P. Expressway Industrial Development Authority, through its Chief Executive Officer, Lucknow as respondent no.4 in the array of the parties, during the course of the day.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
This writ petition has been filed by the petitioner with the following prayer:-
(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos.2 and 3 to pay genuine compensation against the acquisition of land of petitioner bearing Gata No.640M remaining area 0.202 hectare situated at village Chhachhoond, Tehsil Bidhuna, District Auraiya forthwith or within stipulated period as fixed by this Court.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent nos.2 and 3 to decide the representation/application of the petitioner with speaking and reasoned order forthwith or within stipulated period as fixed by this Hon'ble Court.
(iii) Issue any other suitable writ, order or direction which this Hon'ble Court deem fit and proper in the circumstances of the case.
(iv) Award the cost of the petition to the petitioner.
Having gone through the averments made in the writ petition and the documents appended thereto, we find that for the redressal of her grievances raised by him in this writ petition before this Court, she has already filed a representation before the respondent no.3 (Annexure no.2
to the writ petition), but it appears that the said representation has not been decided till.
In view of the aforesaid factual situation, without expressing any opinion on the merits, we dispose of this writ petition with the direction to the respondent no.3 to decide the representation dated 16.11.2019 (Annexure No.2 to the writ petition) filed by the petitioner before him by passing a speaking and reasoned order as expeditiously as possible preferably within a period of two months from the date of filing of certified copy of this order by the petitioner before the respondent no.3.
Order Date :- 13.2.2020 P.S.Parihar
1 issue framed by the court
Whether the High Court should direct the respondent to decide the pending representation regarding land acquisition compensation with a speaking order.
Prema Devi
State Of U.P.
2 Others
Bala Krishna Narayana
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
