Court No. - 29
Case :- WRIT - C No. - 19478 of 2018 Petitioner :- Ajay Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R. A. Ram Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Dispute is in respect of payment of compensation of the land which was subject matter of acquisition. On an objection being raised by respondent no. 3 the matter was investigated and on the basis of the report submitted by Tehsildar Sadar the competent authority/ Additional District Magistrate, Varanasi passed an order dated 12.01.2018 holding that certain excess payment has been made to the shareholders. The order records that one of the shareholder Kharbhan S/o Agardu has agreed to return the excess payment made to him to the other co-sharer his brother Sobhnath. The order further records that in respect of the shareholders mentioned at Serial Nos. 3,4,5 and 6 of the chart separate order shall be passed. It is pertinent to point out that the name of the petitioner finds place at serial no. 6 in the chart contained in the said order.
The grievance of the petitioner is that without any notice or opportunity of hearing an order dated 16.02.2018 has been passed wherein the petitioner and certain other co-sharers have been straightway directed to refund the alleged excess payment of compensation made to them.
A perusal of the orders dated 12.01.2018 and 16.02.2018 goes to show that the order in respect of Kharbhan was passed on the basis of his consent and in respect of other co-sharers including the petitioner without giving any notice or opportunity of hearing they have been directed to refund the excess amount. In such circumstances, we dispose of the writ petition by providing that respondent no. 2 shall afford an opportunity to the petitioner and other three persons whose name finds place in chart mentioned in order dated 16.02.2018 to file their objections within three weeks from the date of receipt of a certified copy of the order and thereafter take an appropriate reasoned decision after considering the said objections within a further period of one month from the date of filing of the objections.
For a period of two months from today or till the disposal of the objection as directed aforesaid the effect and operation of the impugned order dated 16.02.2018 passed by the respondent no. 2 shall be kept in abeyance and thereafter it shall abide by the order so passed after considering the objections.
Order Date :- 28.5.2018 SK Srivastava .
(Ashok Kumar,J.) (Krishna Murari,J.)