Court No. - 39
Case :- WRIT - C No. - 11577 of 2018 Petitioner :- Chandra Bhan And 15 Ors Respondent :- State Of U.P. And 5 Ors Counsel for Petitioner :- Udai Chandani,Jitendra Kumar Nayak Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
(Delivered by Hon'ble Jayant Banerji,J.) By means of this writ petition, the petitioners have challenged the order dated 13 September 2017 passed by the District Magistrate, Mahoba, whereby, the representation filed by the petitioners for grant of annuity in terms of the Government Order dated 3 September 2010 has been rejected.
The contention of the learned counsel for the petitioners is that by means of sale deeds of April and May 2011, they have transferred their land in favour of the State Government on the basis of mutual agreement and as such they are entitled to the benefit of annuity as provided in the Government Order dated 3 September 2010. The District Magistrate, Mahoba after considering the representation filed by the petitioners in pursuance of the order passed by this court in Writ-C No. 18094 of 2016, after considering the records and evidence produced has found that the land of the tenure holders was acquired by means of mutual consent and the entire amount as envisaged in the sale deeds have been paid to them and the name of the relevant department has also been mutated in the revenue records. The Government Order dated 3 September 2010 applies only to such lands that have been acquired under the policy for land acquisition. In the order, it has further been observed that the Government Order dated 19 March 2015 also does not apply to sale deeds executed earlier and as such no additional payment/annuity is liable to be paid to the petitioners.
A perusal of the Government Order dated 3 September 2010 reveals that it applies only with respect to land that has been acquired. It is an admitted case of the petitioners that the lands have been sold by them to the State Government on the basis of mutual consent and the entire amount payable under the sale deeds have been received by them. Further, the Government Order dated 19 March 2015 would not apply to sale deeds that have been executed earlier.
In this view of the matter, the order passed by the District Magistrate, Mahoba calls for no interference and this writ petition is, accordingly, dismissed.
Order Date :- 30.3.2018 A. V. Singh (Dilip Gupta,J.) (Jayant Banerji,J.)