Court No. - 37
Case :- WRIT - C No. - 7711 of 2021 Petitioner :- Babu Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Arvind Prabodh Dubey,Naushad Alam Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Heard learned counsel for the petitioner and learned counsel for the State.
By this petition the petitioner has prayed for following reliefs:-
"I. Issue a writ, order or direction in nature of mandamus directing the respondents to pay compensation for acquired land i.e. Araji No. 355M measuring area .1560 hectare.
II. Issue a writ, order direction in nature of mandamus directing the respondents not to take possession of Plot No. 355M."
All the facts averred in the petition may be submitted before the District Magistrate, Sambhal as these are in the realm of highly disputed questions of fact, which cannot be gone into by this Court in exercise of writ jurisdiction. However, as the representation of the petitioner is pending before the authority concerned, the District Magistrate, Sambhal shall look into the matter and decide the matter as expeditiously as possible, preferably within six months from today. This petition shall also be considered as fresh representation of the petitioner.
It is made clear that we have not expressed any opinion on the merits of the case and it is the respondent no.2 who shall decide the matter in accordance with law.
With these observations, present petition is disposed of.
Order Date :- 28.7.2021 Ram Murti