Hon'ble Jayant Banerji,J.
Sri Rajkumar Verma, learned counsel appears on behalf of petitioner.
Sri Devendra Kumar, learned counsel appears on behalf of respondent no.2 and learned Standing Counsel for respondent no.4, 5 and 6.
The petitioner by way of present petition seeks following relief:
"(i) Issue a writ order or direction in the nature of Mandamus commanding the respondent no.4 (competent authority) to pay the compensation amount of Rs.8,86432/- in respect of house no.R/14 constructed over plot in dispute (plot no.551) of village Kailhat, Pargana Haveli, Tehsil Chunar, District Mirzapur which were acquired for widening N.H. 7 to either parties (petitoner and respondent no.7) after deciding the right, title and interest in the plot in dispute which were pending before the court of competent jurisdiction such as partition suit no.T201916530403319 of 2019, under section 116 of U.P. Revenue Code, 2006 of village Kailhat, before Sub Divisional Officer, Chunar Mirzapur (Mangla Singh Vs. Pawan Kumar Singh and Others), Suit No.277 of 2015, (Mangla Singh Vs. Geeta Devi and Others) before Civil Judge (Junior Division), Chunar, Mirzapur for cancellation of deed of wills executed by Mativar Singh in favour of respondent no.7 and 8 and Declaratory Suit No.32 of 2008 (Mangla Sigh Vs. State of U.P. and Others) u/s 229B U.P.Z.A. & L.R. Act of village Kailhat, Gangpur and Bhagautipur before Sub Divisional Officer, Chunar, Mirzapur.
(ii) Issue any other suitable order or direction in which this Hon'ble court may deem fit and proper under the facts and circumstances of the case.
(iii) Award the cost of the petition in favour of the petitioners."
Evident it is from the record that the land bearing plot no.551 ad-measuring 0.4180 hectare situated at village Kailhat, Tehsil Chunar, District Mirzapur has been acquired by respondent nos. 2 & 3 for widening of National Highway No.7 (now 30) Varanasi to Hanumana Section 16,800 km. to 49,780 km. It is further borne out from the record that the dispute among the co-owners in respect of the share over their property for which Suit No.277 of 2015, (Mangla Singh Vs. Geeta Devi and Others) is pending before Civil Judge (Junior Division), Chunar, District Mirzapur whereby cancellation of will executed by Mativar Singh in favour of respondent nos.7 and 8 has been filed and a declaratory Suit No.32 of 2008 (Mangla Singh Vs. State of U.P. and Others) under Section 229-B of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 is also pending before the Sub Divisional Officer, Chunar, District Mirzpur. It is also borne out that a Partition Suit no.T201916530403319 of 2019 under Section 116 of U.P. Revenue Code, 2006 is also filed before Sub Divisional Officer, Chunar Mirzapur.
Since the petitioner has filed a suit for cancellation of will and for declaration of the title over the land in question and there is no interim injunction in favour of petitioner, a direction to the respondent no.4 not to disburse the amount of compensation in favour of recorded owner of the property in question cannot be entertained in the present writ petition under Article 226 of the Constitution of India.
Consequently, since no relief can be granted to the petitioner, petition fails and is dismissed.
No costs.