Disposed

Suman Chaudhary 2 Others v. State of U.P. 2 Others

Allahabad HC11 Aug 2021WRIC/10162/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking compensation for a land plot. After records showed the land was sold without acquisition, the Court granted liberty for petitioners to apply for demarcation and to file a fresh petition if no area remains, while preserving their right to execute sale deeds.

What did the court decide?

Liberty granted to apply for demarcation of land and to file fresh petition if area is fully consumed.

Suman Chaudhary 2 Others Vs State of U.P. 2 Others — Partition | Allahabad HC (2021)

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Court No. - 40

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Case :- WRIT - C No. - 10162 of 2021

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Petitioner :- Suman Chaudhary 2 Others Respondent :- State Of U.P. 2 Others Counsel for Petitioner :- Omkar Nath Rai Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.

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Heard learned counsel for the petitioners; learned Standing Counsel for the respondents 1 to 3; and perused the record.

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This writ petition has been filed for a direction upon the second respondent to take a decision on the representation of the petitioners dated 10th February, 2021 and provide compensation to the petitioners in respect of their share of area in plot no.470 Mi.

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On 19th July, 2021, after considering submissions of the learned counsel for the parties, following order was passed :

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"The prayer in this petition is to command the respondents to decide the representation of the petitioners and provide compensation to the petitioners for plot no. 470 Mi area 160 Sq. mtr.

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It is not clear from the pleadings as also from the submissions of the learned counsel for the petitioners whether the land of the petitioners was acquired under any Act or it was purchased from them.

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Under the circumstances, we deem it appropriate to require the learned Standing Counsel to seek instruction from the respondents whether the land of the petitioners has been acquired or not. If acquired, whether compensation has been paid. In case, the land has not been acquired under any Act whether the same has been purchased.

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Instructions shall also disclose whether the land of the petitioners has been utilized by the respondents.

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Instructions, as above, be obtained within three weeks.

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Put up, as fresh, on 11th August, 2021."

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Pursuant to the above order, learned Standing Counsel has obtained written instruction from the District Magistrate, Kushinagar.

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On instructions, learned Standing Counsel submits that plot no.470 Mi is a minjumla plot entered in two khatas. Seven

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persons, who had interest in the plot, have executed sale deeds in favour of the State and five persons including he petitioners are yet to execute sale deed.

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It is not clear from the instructions whether the entire area of plot no.470 Mi has been consumed by the respondents or some area of plot no.470 Mi still remains.

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From the averments made in the petition, it appears that each of the three petitioners by separate sale deeds have purchased 160 sq mtr of area in plot no.470 Mi. It has not been specifically stated in the writ petition that the petitioners had taken an exercise to get their portion of land demarcated.

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Under these circumstances, we deem it appropriate to dispose off the petition by giving liberty to the petitioners to apply for demarcation of their portion/area of land in plot no.470 Mi. If, during the course of demarcation, it is found that the entire plot no.470 Mi has been consumed in public work and there remains no further area in the said plot, that may be taken as fresh cause of action by the petitioners to file a fresh petition. This liberty would be without prejudice to the right of the petitioners to execute sale deed in favour of the State, if they so wish.

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The written instructions provided by the learned Standing Counsel is taken on record.

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With the above observation/liberty, this petition is disposed off.

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Order Date :- 11.8.2021. Rks.

Suman Chaudhary 2 Others v. State of U.P. 2 Others

Case brief

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Suman Chaudhary 2 Others v. State of U.P. 2 Others

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