Disposed

Sanjeev Kumar v. State of Up and 4 Others

Allahabad HC25 Jul 2024WRIC/22705/2024

Case brief

AI extract

What is this about?

The High Court on a writ petition regarding land acquisition compensation refused to adjudicate the matter on merits considering disputed facts. The petitioner was directed to approach the District Collector with a specific application.

What did the court decide?

Petitioner directed to move an application before District Collector; writ petition disposed without adjudication on merits.

Sanjeev Kumar vs State of Up and 4 Others — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:154527-DB

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Court No. - 29

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Case :- WRIT - C No. - 22705 of 2024

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Petitioner :- Sanjeev Kumar Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Shahnawaz Akhtar Counsel for Respondent :- C.S.C.,Ishan Deo Giri

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Order on C.M. Amendment Application

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Heard learned counsel for the applicant-petitioner.

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The amendment application is allowed.

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Let the amendment be carried out forthwith.

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Order on petition :

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Heard learned counsel for the petitioner; Sri Rajiv Gupta, learned Additional Chief Standing Counsel for State-respondent nos.1 to 4 and Sri I.D. Giri, learned counsel for respondent no.5.

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The instant writ petition is preferred inter alia with the following relief :-

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"1A. Issue a writ, order or direction in the nature of mandamus by directing the respondent no.2 to make enquiry in detail in the light of report dated 16.05.2024 of Naib Tahsildar, Satasi, Tahsil Bisauli, District Budaun (Annexure no.SA-1) and make the payment of compensation of acquired lands to the petitioner with interest."

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On the matter being taken up today, Shri Rajiv Gupta, learned Additional Chief Standing Counsel has placed the detailed instructions sent by Sub Divisional Magistrate, Tehsil Bisauli, District Budaun dated 19.09.2024, which is taken on record. On the strength of instructions, he submits that in the instant matter certain land had been acquired for the planned development and adequate compensation was also disbursed. Later on it was found that certain persons, who were not entitled to receive compensation, had been paid the compensation. Accordingly, recovery certificates were also issued. It is also informed that qua

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disputed land proceeding under Section 34 (demarcation) of U.P. Revenue Code, 2006 (in short "Code") is pending consideration.

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In this backdrop, learned counsel for the petitioner submits that in the light of detailed report dated 16.5.2024 of Naib Tehsildar, Satasi, Tehsil Bisauli, Distt. Budaun the actual payment is to be ensured in favour of the petitioner.

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Considering the disputed fact, as has been pressed before us, we are not inclined to adjudicate the instant matter at the first instance. Let the petitioner move appropriate application ventilating his grievances before the District Collector, Budaun and in case any such application is moved, we hope and trust that the same would be decided in accordance with law expeditiously but certainly after giving opportunity to all the stake holders in the matter. Suffice to indicate, we have not adjudicated the matter on merit.

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The writ petition stands disposed of accordingly.

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Order Date :- 21.9.2024 Manish Himwan/SP/

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Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad

Sanjeev Kumar v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

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