Court No. - 21
Case :- WRIT - C No. - 13666 of 2019 Petitioner :- Mohd. Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Pratap Singh Counsel for Respondent :- C.S.C.,Ashok Kumar Pandey Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
Supplementary affidavit filed today is taken on record.
The petitioner claims that he is owner of plot no.140-Ka. In the writ petition he has mentioned that he is the owner of plot no.140. The prayer made by the petitioner reads as under:
"a) Issue a writ, order or direction in the nature of mandamus commanding direct to the respondents to make a payment of compensation amount in pursuance of the plot no.140 area 1 Bigha, 11 Biswa and 2 Biswansi, within a fix period."
Learned counsel for respondent no.2 has received the instruction, which is taken on record.
Having heard learned counsel for the parties, we are of the view that ends of justice will be served by granting a liberty to the petitioner to move appropriate application before the Arbitrator to determine his share of compensation, if he succeed to prove his title over the land, which has been acquired by certain respondents.
With the aforesaid observation, the writ petition stands disposed of.
We make it clear, that we have not adverted to the issues raised in the matter for determination of the fact. Hence disposal of the writ petition shall not prejudice the contention and right of either of the parties.
Order Date :- 29.4.2019 AKJ