Disposed¶15

Virendra Tiwari and 2 Others v. State of Up and 2 Others

Allahabad HC5 Feb 2025WRIC/22784/2024

Case brief

AI extract

What is this about?

Land acquisition compensation; supplementary award dated 31.05.2013; succession certificate; will deed dated 01.12.1977 by Ram Devi; Tehsildar report 13.09.2022; successors of original tenure holders; Arazis at Panki Gangaganj, Kanpur Nagar; representation dated 14.02.2024; mandamus; Special Land Acquisition Officer Kanpur Nagar; speaking order within six weeks; writ disposed; neutral citation 2025:AHC:16682-DB; decided 05.02.2025; Bench: Manoj Kumar Gupta J. and Anish Kumar Gupta J.; counsel: Rajesh Kumar Mishra for petitioners, C.S.C. for State.

What did the court decide?

Direction to respondent no.3, the Special Land Acquisition Officer, Kanpur Nagar, to pass a speaking order on the petitioners' representation dated 14.02.2024 within six weeks from communication of the order, along with photocopy of the representation. ¶15

Virendra Tiwari and 2 Others vs State of Up and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, claiming as successors of the original tenure holders, are entitled to compensation for Arazis No. 345, 385, 386, 392, 393, 394, 396, 397, 401, 383, 399, 78, 192, 175, 176 and 181 at Panki Gangaganj, Kanpur Nagar, and whether a mandamus should issue directing the respondents to decide their representation dated 14.02.2024.

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Court's answer

Since the Special Land Acquisition Officer had passed no order after the award, the petition is disposed of with direction to respondent no.3, the Special Land Acquisition Officer, Kanpur Nagar, to pass a speaking order on the petitioners' representation dated 14.02.2024.

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Ratio / Principle

The speaking order is to be passed within six weeks from communication of the instant order, along with photocopy of the representation.

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Detailed headnote1 paragraphs

Allahabad High Court (Division Bench) disposed of Writ - C No. 22784 of 2024 (Virendra Tiwari and 2 others v. State of U.P. and 2 others), decided 05.02.2025. The petitioners sought compensation for Arazis No. 345, 385, 386, 392, 393, 394, 396, 397, 401, 383, 399, 78, 192, 175, 176 and 181 at Panki Gangaganj, Kanpur Nagar, and a mandamus to decide their representation dated 14.02.2024. A supplementary award dated 31.05.2013 had been made pursuant to this Court's order dated 10.01.2013 in Writ Petitions No. 43514 of 2005 and 28513 of 2006, recording Pappu and Virendra, sons of Sooraj Prasad, with compensation payable after succession certificate; a Tehsildar report dated 13.09.2022 recognised the petitioners as successors on the basis of a will deed dated 01.12.1977 by Ram Devi, though departmental instructions noted objections to the claim and the will. Finding that the Special Land Acquisition Officer had passed no order after the award, the Court directed respondent no.3 to pass a speaking order on the representation dated 14.02.2024 within six weeks of communication of the order, along with photocopy of the representation.

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Neutral Citation No. - 2025:AHC:16682-DB

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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl. No.3184)

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Court No. - 21

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Case :- WRIT - C No. - 22784 of 2024

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Petitioner :- Virendra Tiwari And 2 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Rajesh Kumar 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 petitioners have prayed for compensation of Arazis No. 345, 385, 386, 392, 393, 394, 396, 397, 401, 383, 399, 78, 192, 175, 176 and 181 situated at Panki Gangaganj, Kanpur Nagar and direction in the nature of mandamus directing the respondents to decide the representation of the petitioners dated 14.02.2024.

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It is admitted in the instructions submitted by the ADM (Land Acquisition), Kanpur Nagar that a supplementary award was made on 31.05.2013 in pursuance of the order of this Court dated 10.01.2013 in Writ Petitions No. 43514 of 2005 and 28513 of 2006.

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We have perused the said award and therein we find name of Pappu and Virendra sons of Sooraj Prasad also mentioned and that compensation amount would be released after receiving succession certificate.

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The Tehsildar, Sadar has submitted a report on 13.09.2022 on the basis of will deed dated 01.12.1977 executed by Ram Devi that petitioners are successors of the original tenure holders.

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In the written instruction, it has been disclosed that certain objection has been raised in respect of the claim of the petitioners and validity of the will.

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Counsel for the petitioners submits that no one has filed any objection in relation thereto and the instructions furnished mentioning that the will is in dispute is incorrect.

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Having regard to the fact that the Special Land Acquisition Officer has not passed any order so far after passing of the award

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in respect of the claim of the petitioners, we dispose of the instant petition with direction to the respondent no.3 i.e. the Special Land Acquisition Officer, Kanpur Nagar to pass a speaking order on the basis of representation of the petitioners dated 14.02.2024 within six weeks from the date of communication of the instant order along with photocopy of the representation.

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(Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 5.2.2025 Ashish Pd.

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

Virendra Tiwari and 2 Others v. State of Up and 2 Others

Case brief

What is this about?

What did the court decide?

Virendra Tiwari and 2 Others v. State of Up and 2 Others

Case brief

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