A writ petition sought compensation for land use. Filing without pressing the matter resulted in dismissal for want of prosecution.
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Court No. - 39
Case :- WRIT - C No. - 35238 of 2022
Petitioner :- Purushottam Gupta Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashok Kumar Singh,Virendra Kumar Jaiswal Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Vipin Chandra Dixit,J.
No one is present on behalf of the petitioner to press this writ petition.
The present writ petition has been filed against the order dated 28.7.2020 passed by respondent no.3 namely the Additional District Magistrate, Finance and Revenue, Allahabad on a direction issued by this Court in Contempt Application (Civil) No. 3499 of 2018 filed by the petitioner herein.
The order impugned categorically records that Araji No. 1699, area 0.2280 hectare, 1282 Fasli, was recorded as the land of pond. The said plot has been divided in six parts and the name of the petitioner has been recorded in Gata No. 1699/7, was recorded in 1378 Fasli, whereas in 1359 Fasli, the name of some other private persons were recorded over the land of pond. In any case, the entry in 1282 Fasli of Gata No. 1699 clearly indicates that it was a 'Pond' public utility land. Any entry in the name of father of the petitioner in later Fasli year, i.e., 1378, can not be a ground to grant compensation to the petitioners for utilisation of the land in question for construction of road.
Taking note of the above facts, in absence of the counsel for the petitioner, we dismiss the writ petition for want of prosecution.
Order Date :- 28.1.2023 CS/-
Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad
Purushottam Gupta
State Of U.P.
Sunita Agarwal
Vipin Chandra Dixit
As recorded by the court registry
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