Court No. - 4
Case :- WRIT - C No. - 31337 of 2019 Petitioner :- Baldau Singh @ Kuldeep Singh Respondent :- Principal Secretary Irrigation Department U.P. Government And 3 Others Counsel for Petitioner :- Manvendra Nath Singh Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos. 1 to 4.
Having perused the prayer and the averments made in the writ petition, we find that the names of petitioner and his mother were jointly recorded as 'bhumidars' of plot no. 17 and 62/3 along with other plots situated in village- Kahra (Maudaha), Tehsil- Mahoba, District- Mahoba, as is evident from the copy of the extract of Khatauni pertaining to the plots in question which has been brought on record as Annexure No. 1 to the writ petition. An area of 0.055 hectare comprising of plot no. 17 was purchased by the Department of Irrigation Construction Division, Karvi, through its Assistant Engineer on 26.03.2019, copy whereof has been brought on record as Annexure No. 2 to the writ petition. The proceeds from the aforesaid sale transaction were paid to the petitioner as compensation towards the aforesaid plot.
The grievance of the petitioner appears to be that although the petitioner is fully eligible for appointment on a technical post as he possesses a degree of Civil Engineer diploma course and hence, he is entitled for a job in the technical field in view of Schedule II Item No. 4 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act of 2013) but the representation filed by the petitioner in this regard before the respondent no. 1 on 29.07.2019, copy whereof has been brought on record as Annexure No. 5 to the writ petition has not been decided by him till date. Hence, the instant writ petition by the petitioner with the following prayer to :-
(i) issue a writ, order or direction in the nature of mandamus commanding that this Hon'ble Court may graciously be pleased to direct the respondent no. 1 to decide the representation dated 29.07.2019 filed by the petitioner (contained in Annexure No. 5 to the writ petition) by a reasoned and speaking order in accordance with Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a stipulated period and/or to pass such other and further suitable order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise applicant/petitioner shall suffer a great irreparable loss.
(ii) issue any other writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(iii) award the costs of petition to the petitioners.
Learned Standing Counsel appearing for the respondents has submitted that since the land of the petitioner has been purchased by the Department of Irrigation Construction Division, Karvi, and no acquisition proceedings in respect of plots in question were undertaken by the respondents under the Act of 2013, the petitioner is not entitled to the benefit of Schedule II Item No. 4 of the Act of 2013. Hence, this writ petition, which lacks merit, is liable to be dismissed.
Having heard learned counsel for the parties present and perused the material brought on record, we find that the issue whether the petitioner is entitled to benefit claimed by him under the Act of 2013, is a question which deserves to be first addressed by the authority concerned which in the present case, is the respondent no. 1 and since the petitioner has already approached the respondent no. 1 by filing a representation before him on 29.07.2019 (Annexure No. 5) and the same is still pending, without expressing any opinion on the merits of the case, we dispose of this writ petition with a direction to the respondent no. 1 to pass appropriate order on the petitioner's representation dated 29.07.2019 within a period of two months from the date of filing of certified copy of this order before him.
The petitioner, along with certified copy of this order, may also file copy of the representation dated 29.07.2019 (Annexure No. 5) before the respondent no. 1.
Order Date :- 26.9.2019 KS