Surendra Prasad and 2 Others Vs State of U.P. and 4 Others

Court No. - 40

Case :- WRIT - C No. - 5721 of 2021

Petitioner :- Surendra Prasad And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Daya Shanker Yadav Counsel for Respondent :- C.S.C.,Azad Rai

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Hon'ble Manoj Misra,J. Hon'ble Anil Kumar Ojha,J.

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Heard learned counsel for the petitioners, Learned Standing Counsel for the respondents 1 to 4 and Sri Azad Rai, for the respondent no. 5.

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The petitioner made a representation, pursuant to an order of this Court dated 04.07.2019 in Writ Petition No. 20529 of 2019, claiming that the land has been utilized without making payment of compensation to them and without acquiring the same. The said representation has been rejected by order dated 02.03.2020.

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Perusal of the order, dated 02.03.2020, reveals that the land of the petitioners was not utilized by the State-respondents.

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The contention of the learned counsel for the petitioners is that the said finding is illegal and incorrect.

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Whether the land of the petitioners has been utilized or not, is a question of fact. Ordinarily questions relating to title and possession over a piece of land are complex in nature which require leading of evidence, documentary as well as oral, for which the writ court may not be appropriate.

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In view of the above, without expressing any opinion on merits of the case, we deem it appropriate to dispose off this petition by giving liberty to the petitioner to file a suit or take recourse to such other remedy as may be advised.

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Order Date :- 24.6.2021 v.k.updh.

Surendra Prasad and 2 Others v. State of U.P. and 4 Others

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Surendra Prasad and 2 Others v. State of U.P. and 4 Others

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