Court No. - 39
Case :- WRIT - C No. - 10998 of 2018 Petitioner :- Indra Respondent :- Union Of India And 04 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- A.S.G.I.,C.S.C. (2018/14015),Pranjal Mehrotra
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
(Delivered by Hon'ble Jayant Banerji,J.) By means of this writ petition, the petitioner seeks quashing of the order dated 5 February 2018 passed by the Special Land Acquisition Officer, Azamgarh (hereinafter referred to as the 'Competent Authority'), whereby, respondent no. 5-Wali Devi w/o Ram Dhari has been found entitled for payment of compensation in respect of Gata No.- 13 situated at Village Gurkhanni, Pargana Atrauliya, Tehsil Budhanpur, District Azamgarh.
The facts stated in the writ petition are that the father of the petitioner was very old and the respondent no. 5-Wali Devi got prepared forged and fabricated Hibbanama (gift deed) as well as will deed that was alleged to have been executed by the father of the petitioner and respondent no. 5, thereafter, got the mutation done on the basis thereof. The petitioner, thereafter, filed a suit being O.S. No.- 56 of 2008 in the Court of Civil Judge (Senior Division), Azamgarh for cancellation of the gift deed and Will deed. In this suit, the respondent no.-5-Wali Devi also filed her written statement and the suit is stated to be pending. It appears that when the petitioner came to know about the proceedings for acquisition by the National Highways Authority of India acquiring the land of the petitioner's father bearing Gata No.-13 situated at Mauza Gurkhanni, Pargana Atrauliya, Tehsil Budhanpur, District Azamgarh, she filed objections to the same claiming entitlement to receive the compensation for the land so acquired. The Competent Authority observed that the gift deed/Will deed has not been cancelled by any Competent Court and as such the payment of compensation to the respondent no. 5-Wali Devi cannot be stopped. This order has been challenged in the present writ petition.
Heard learned counsel for the petitioner, Shri Pranjal Mehrotra, learned counsel appearing for respondent no. 3-National Highways Authority of India and learned Standing Counsel appearing for respondent nos. 2 and 4.
In view of the order proposed to be passed, we do not deem it fit to issue notice to the private respondent no.-5. As is evident from the record, a civil suit with regard to cancellation of the gift deed/Will deed allegedly executed by the father of the petitioner in favour of respondent no. 5 is pending before the Court of Civil Judge (Senior Division), Azamgarh and records do not indicate whether any interim order has been passed by the Civil Court in the aforesaid civil suit.
The objections of the petitioner have been considered by the Competent Authority who has come to the conclusion that till the time the alleged gift deed/Will is not cancelled by any Court of Competent Jurisdiction, the payment of compensation to the respondent no. 5-Wali Devi cannot be withheld. It is correct that in view of the suit pending before the Court of Civil Judge (Senior Division), Azamgarh, the validity of the gift deed/Will allegedly executed by the petitioner's father in favour of respondent no. 5 is to be adjudicated. Thus, the order of the Competent Authority is not liable to be interfered with, particularly, in view of the fact that the name of the respondent no. 5-Wali Devi is recorded in the revenue records and the petitioner has not been able to show to the Competent Authority any evidence to the contrary.
In view of the aforesaid, we decline to interfere in this petition. This petition is, accordingly, dismissed.
Order Date :- 27.3.2018 A. V. Singh (Dilip Gupta,J.) (Jayant Banerji,J.)