Court No. - 33
Case :- WRIT - C No. - 42752 of 2018 Petitioner :- Baba Gopal Das And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Himanshu Pandey,Shailesh Agrawal Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri A.K. Pandey, holding brief of Sri Himanshu Pandey, for the petitioners; Sri M.C. Chaturvedi, learned Senior Counsel, assisted by Sri S.C. Dwivedi, for the respondents 2 and 5; and the learned Standing Counsel for the respondents 1, 3 and 4.
The instant petition has been filed by Baba Gopal Das as Chela Mahaveer Das, claiming himself to be Sarvarkar of Baba Gopal Das Trust for consideration of his claim for compensation in lieu of sale deed executed by him in favour of U.P. Expressways Industrial Development Authority.
From the document, at page 73 of the paper book, it appears that the villagers of the village had raised a protest and challenged the authority of the petitioner no.1 to dispose off the property of the temple/Ashram and, in that context, some order has been passed not to make payment pursuant to the said sale deed.
We have put a pointed query to the learned counsel for the petitioners as to whether for execution of the sale deed any permission of the District Judge or Competent Authority was obtained by the petitioner no.1 or not.
The learned counsel for the petitioners has not been able to disclose the existence of any such permission.
Under the circumstances, we decline to entertain the petition in our discretionary writ jurisdiction and deem it appropriate to dispose off this petition by giving liberty to the petitioners to institute a suit for recovery of balance sale consideration by professing his authority to represent the trust and by impleading appropriate parties in the manner as may be advised.
Order Date :- 20.12.2018 AKShukla/-