Mahfooz Hasan vs State of Up and 8 Others

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Neutral Citation No. - 2024:AHC:196080-DB

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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl. No.39)

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Court No. - 21

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Case :- WRIT - C No. - 40509 of 2024

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Petitioner :- Mahfooz Hasan Respondent :- State Of Up And 8 Others Counsel for Petitioner :- Kaushal Kishore Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.

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The case of the petitioner is that his name over the acquired land was not mutated on account of some error and a civil suit is already pending at the behest of the petitioner against the private respondents. In the meantime, proceedings for acquisition under Act No. 30 of 2013 have been initiated.

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The petitioner filed objection before the competent authority before issuance of notification under Section 19 of the Act. The same was disposed of vide order dated 04.11.2024 stating that the said aspect would be considered after issuance of declaration under Section 19 of the Act. Thereafter a notice was issued by the competent authority inviting objections from all interested persons. The petitioner claims to have submitted an objection on 18.11.2024 by registered post. The petitioner apprehends that the compensation amount would be released in favour of respondents no. 5 to 9 without considering his objections.

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Having regard the submissions made, we dispose of the instant petition by providing that in case the award has not been declared so far, the objection filed by the petitioner be taken into consideration, as per the the prescribed procedure, while making the award.

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Counsel for the petitioner shall communicate the instant order to the competent authority within one week along with photostat copy of the representation / objection dated 18.11.2024.

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Order Date :- 13.12.2024 Ashish Pd.

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(Anish Kumar Gupta,J.) (Manoj Kumar Gupta, J.)

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Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad

Mahfooz Hasan v. State of Up and 8 Others

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Mahfooz Hasan v. State of Up and 8 Others

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