Petitioners sought mandamus to restrain interference with land compensation and compel payment via District Magistrate, Fatehpur. Court dismissed the petition as the petitioner failed to establish his right and title to the land.
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Court No. - 9
Case :- WRIT - C No. - 1507 of 2021
Petitioner :- Anmol Singh And 2 Others Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Vinod Kumar Tripathi Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
Shri Vinod Kumar Tripathi, learned counsel appears for the petitioners.
Learned Standing Counsel appears for the State respondents.
The petitioner by way of present petition seeks following relief:
"(i) issue a writ, order or direction in the nature of MANDAMUS directing the respondent no. 3 i.e. District Magistrate, Fatehpur to restrain the respondent no. 5, 6 & 7 not to interfere to make the compensation of the petitioners acquired land being Gata No. 1676, area 3.2650 hectare, situated at Village Malwan, ParganaKotiya, Tehsil-Bindaki, District Fatehpur.
(ii) issue a writ, order or direction in the nature of MANDAMUS directing the respondent no. 3 to pay the compensation amount of the petitioners acquired land being Gata No. 1676, area 3.2650 hectare situated at Village Malwan, Pargana-Kotiya, TehsilBindaki, District Fatehpur.
(iii) issue a writ, order or direction in the nature of MANDAMUS directing the respondent authorities to decide the representations of the petitioners dated directing the respondent no. 3 i.e. District Magistrate, Fatehpur to restrain the respondent no. 5, 6 & 7 not to interfere to make the compensation of the petitioners acquired land being Gata no. 1676, area 3.2650 hectare, situated at Village Malwan, Pargana-Kotiya, Tehsil-Bindaki, District Fatehpur."
It is borne out from the record that vide notice dated 28.11.2018, the petitioner was called upon to receive the compensation after following the procedure laid down therein. It is further borne out from therein that certain documents were sought from the petitioner to substantiate his claim for the compensation which was determined by the Award dated 27.06.2018. The documents which were sought from the petitioner were:
Though, it is contended by the learned counsel for the petitioner that representation was filed before the Authority concerned, however, learned counsel for the petitioner miserably fails to establish his right and title on the basis of document sought by the Authority concerned. Even, the document as regard to his share certificate has not been filed by the petitioner.
In view whereof, we are not inclined to accede to the relief sought by the petitioner in the present petition as the petitioner fails to establish his right. Consequently, the petition fails and is dismissed .
At this stage, learned counsel for the petitioner submits that petition may be dismissed as not pressed. However, since we have dictated the order and the petitioner fails to establish his title, we are not inclined to accede to the prayer made by the petitioner after the order was dictated in the open court. Therefore, prayer for withdrawal of petition stands rejected.
Order Date :- 15.3.2021
Kirti
(Jayant Banerji, J) (Sanjay Yadav, J)
2
2 issues framed by the court
Whether the writ petition seeking compensation for acquired land should be allowed when the petitioner failed to establish title.
Whether the prayer for withdrawal of the petition should be accepted.
Anmol Singh And 2 Others
State Of U P And 6 Others
Sanjay Yadav
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
