Munni Lal Yadav v. District Magistrate and 2 Others
Case brief
What is this about?
The High Court held that the existence of a dispute regarding the petitioner's title to reclaimed land precluded the disbursement of compensation. Consequently, the court was not justified in granting mandamus and dismissed the writ petition.
What the court decided
Court No. - 39 Case :- WRIT - C No. - 22809 of 2022 Petitioner :- Munni Lal Yadav Respondent :- District Magistrate And 2 Others Counsel for Petitioner :- Raj Karan Yadav,Yadvendra Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Vipin Chandra Dixit,J.
Written instructions supplied by learned Standing Counsel is taken on record.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
In the written instructions supplied by the learned Standing Counsel, it is indicated that there is a dispute with regard to the right, title or interest of the petitioner over the plots in question namely Gata Nos. 202 and 205 situated in Mauja Gopalpur, Pargana and Tehsil Saidpur, District Ghazipur as such the order for disbursement of compensation has not been passed by the competent authority.
In various paragraphs of the written instructions, it is indicated that there was a dispute in relation to recording the name of the petitioner in the revenue records with the decision of the SubDivisional Officer, Saidpur on 3.7.2019 as co-tenure holder over Gata No. 202/2 on 5.7.2019. It is stated that the petitioner herein had sold his entire holding by way of the registered deed dated 22.1.1992 in the name of one Kanhaiya son of Deepnarayan. The order dated 3.7.2019 passed by the SubDivisional Officer, has been subjected to challenge by the purchaser namely Kanhaiya son of Deepnarayan before the Commissioner, Varanasi Division, Varanasi and the revision is pending consideration.
Having noted the above facts, we do not find it a fit case for grant of mandamus.
Issues for consideration
1 issue framed by the court
Whether this is a fit case for the grant of a writ of mandamus to compel the disbursement of compensation due to a disputed title.
Parties & counsel
- petitioner
Munni Lal Yadav
- respondent
District Magistrate
Coram
Sunita Agarwal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- WRIC/22809/2022
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