The writ petition challenging compensation for land was dismissed. The court held that since a registered sale deed existed, the petitioner could approach a civil court for questions regarding fraud or coercion, which are inappropriate for writ jurisdiction.
The writ petition was dismissed.
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Court No. - 40
Case :- WRIT - C No. - 8824 of 2021
Petitioner :- Smt. Ramawati Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vijay Bahadur Maurya Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1 to 6; and perused the record.
Although it has not been specifically disclosed in the petition whether the petitioner's land pertaining to plot no.261 was acquired under compulsory land acquisition laws or was purchased by the respondents through sale deed executed by the petitioner, but from the document appended at page 42 of the paper book, it appears that the State had acquired the land through sale deed which has been duly registered.
In view of the above, the prayer of the petitioner to command the respondents to consider her grievance in respect of compensation fixed for the land is not sustainable. If the sale deed has been executed by the petitioner under coercion or by playing fraud, the petitioner may take recourse to appropriate remedies such as a suit in a civil court. Because determination of questions relating to validity of consent for execution of sale deed on ground of fraud, coercion or undue influence would ordinarily require leading of evidence and, therefore, it would not be appropriate for us to examine those issues in writ jurisdiction.
Subject to above, the writ petition is dismissed.
Order Date :- 17.8.2021.
Rks.
2 issues framed by the court
Whether the High Court can examine the genuineness of a registered sale deed executed in connection with land compensation.
Whether the petitioner's grievance regarding land compensation is maintainable in this writ jurisdiction.
Smt. Ramawati Devi
State Of U.P.
Manoj Misra
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
