Court No. - 38
Case :- WRIT - C No. - 2310 of 2019 Petitioner :- Narayan Dutt Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shree Prakash Giri Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri S.P.Giri, learned counsel for the petitioner and Sri Nagendra Pandey, learned Standing Counsel appearing for the State- respondents.
The claim of the petitioner is that the Bhadohi Kapsethi Babatpur the State Highway is being broadened and the petitioner's land has been utilized for broadening. The compensation has been determined but the same is being assigned to be paid to the erstwhile owners, whose names were earlier in the revenue record. The petitioner further claims that he has purchased this land being araji no.581, rakwa 634 square feet situate in Mauja Kudi, Pargana Pandhrah, Tehsil Pindara, District Varanasi from the erstwhile owners on 23.1.2004 through a registered sale deed and his name has finally been mutated in the revenue record in the year 2017 but the said land was utilized in 2014 and since the petitioner's name was not mutated in the revenue record and the name of the erstwhile owners were still there, therefore, the compensation has to be determined to be paid to the erstwhile owners.
It is submitted by the learned counsel for the petitioner that till date the compensation has not been paid to the erstwhile owners as well.
In our view, it would be appropriate to direct the respondent no.3 to consider the claim of the petitioner with regard to registered sale deed of 2004 and mutation of petitioner's name in the revenue record in 2017 and then determine entitlement of compensation after giving notice to the erstwhile owners in whose names compensation has to be given.
It is further provided that as directed above, after determining the entitlement of compensation, sale deed may be executed.
With the above observation/direction, the writ petition stands finally disposed of.
Order Date :- 24.1.2019 SKM
(Dr. Y.K.Srivastava,J.) (Abhinava Upadhya,J.)