Hon'ble Jaspreet Singh,J.
Heard Sri Anup Kumar Mishra, learned counsel for the petitioner and Sri Manish Mishra, learned Standing Counsel for the State respondent.
By this writ petition the petitioner has prayed for issuance of writ of mandamus directing the respondents no.2 and 3 for the payment as compensation to the petitioner in lieu of acquisition of petitioner's land, i.e., gata no. 468/1/0-34 acre situated in village Dahilamau Sadar District Pratapgarh. He has also prayed for a direction to the respondents no. 2 and 3 to return the land of the petitioner, which was acquired for the purpose of construction of canal.
As per counter affidavit filed by the respondents, a notification for acquisition of land in question under Section 4 & 6 read with Section 17 of the Land Acquisition Act, 1894 with respect to Gata No. 458/1 measuring 0.34 acre was published and award was also declared on 16.10.1985. On 12.05.1987 the Executive Engineer, Varanasi issued a letter, wherein it stated that due to changed circumstances the land in question is no more required as the same was required for construction of a store but due to change in the site, the acquisition proceedings may be closed. It is also averred in the counter affidavit that the petitioner has already sold over and above his 1/6 share of the land in question and due to changed circumstances the land in question is no longer required, therefore, proceedings of de-notification was initiated and at present the petitioner and other tenure holder are in possession of land in question and same is not in possession of Irrigation Department.
On 16th August, 2019 a supplementary affidavit has been filed by the respondents. As per supplementary affidavit the Executive Engineer (Research and Planning), Varanasi with the help of Revenue officials had inspected the revenue records and after inspection, vide letter dated 27.07.2019, has submitted a report that a Notification dated 16.10.1985 with respect to land in question was issued by the Special Land Acquisition Officer, Nagar Mahapalika, Prayagraj and in pursuance to the aforesaid notification, in Khatauni of 1409-1414 Fasli at Khata No. 00001, the aforesaid Gata No. 458/1 area 0.1390 hectare was recorded in the name of State of U.P. (Irrigation Department, Pratapgarh) but in Khatauni of 1424-1429 Fasli the name of State of U.P. (Irrigation Department, Pratapgarh) could not be entered and when this fact was brought to the notice, the matter was referred to the court of Sub Divisional Magistrate, Sadar, District Pratapgarh under Section 38(1) of U.P. Land Revenue Code, 2006, wherein an order was passed on 26.07.2019 by which the name of State of U.P. (Irrigation Department, Pratapgarh) has been mutated. It is also pointed out that the Executive Engineer (Research and Planning), Varanasi vide its letter dated 27.07.2019 has referred the matter for initiating the proceedings of de-notification with respect to the aforesaid land bearing Gata No. 458/1 area 0.34 acre as the same is not required by the Department as the G.D. side has been changed.
From the record it is evident that now the proceedings for de-notification in respect of the land in question has already been initiated, thus we, instead of keeping this writ petition pending, direct the respondents no. 1 and 2 as well as Special Land Acquisition Officer, Nagar Mahapalika, Prayagraj to take appropriate steps in the matter, strictly in accordance with law, preferably within a period of three months from the date of production of certified copy of this order before it.
With the above, the present petition is disposed of.
Order Date :- 26.8.2019 Ashish (Jaspreet Singh, J.) (Pankaj Kumar Jaiswal, J.)