Court No. - 38
Case :- WRIT - C No. - 1948 of 2019 Petitioner :- Ajeet Kumar Rai And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Bipin Lal Srivastava,Sri S K Varma(Senior Advocate) Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri S.K. Verma, learned Senior Advocate assisted by Sri Bipin Lal Srivastava, learned counsel for the petitioners and Sri Suresh Singh, learned Additional Chief Standing Counsel for the State.
By means of this writ petition, the petitioners have come to this Court challenging the order dated 07.08.2018 passed by the Additional District Magistrate (Finance & Revenue), Ghazipur declining the request of the petitioners for payment of additional amount pursuant to a sale deed executed by the petitioners for a land said to have been utilized by the government in the year 2015.
Sri S. K. Varma, learned Senior Advocate submits that in view of the government policy dated 19.03.2015 the petitioners ought to have been given compensation at the rate of four times the circle rate prevalent in the area which was not considered at the time of the execution of the sale deed, therefore, a fraud has been committed by the State authorities upon the petitioner.
It is to be noted that the said policy has been stated to be implemented since March, 2015, which provides for determination of a fair market value of the land and thereafter execution of a sale deed by the land holders. In the present case after a process of negotiation a sale deed has been executed by the petitioners in favour of the Government in the year 2015 and now in 2018 the petitioners are claiming additional payment which in our considered view cannot be done. Once a sale deed has been executed by the petitioners, in case the petitioners feel that a fraud has been committed then they may take recourse to the remedy of filing a civil suit for cancellation of the registered sale deed. In writ proceedings the sale deed cannot be cancelled nor can the State authorities be held bound to pay any amount over and above the amount agreed upon at the time of the execution of the sale deed.
The writ petition is misconceived and is, accordingly, dismissed.
Order Date :- 22.1.2019 Imroz [Dr. Y. K. Srivastava, J.] [Abhinava Upadhya, J.]