Court No. - 3
Case :- WRIT - C No. - 6284 of 2019 Petitioner :- Ram Babu And 24 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Srivastava,Shreesh Srivastava Counsel for Respondent :- C.S.C.,Pankaj Kumar Shukla
Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Ashutosh Srivastava, learned counsel for the petitioners, Sri Pankaj Kumar Shukla, learned counsel for the respondent no.2 and Sri Pradeep Kumar Tripathi, learned counsel appearing for the respondent nos. 1,3 and 4.
By this writ petition under Article 226 of the Constitution of India, the petitioners are praying for issuance of a writ of mandamus directing the respondent no. 4 to decide their application filed under Section 28-A of the Land Acquisition Act, 1894.
Learned counsel for the petitioners contends that since the application is pending since 21.7.1994 and inspite of direction of this Court in Writ Petition No. 35332 of 1996 decided on 5.11.1996, the learned Authority failed to decide the application on the pretext that in First Appeal No. 1060 of 1995, an interim order was passed and therefore the same could not be decided. He further submits that in the year 2010, the first appeal has been dismissed in default and there is no bar to the learned Authority to decide the application.
In view of the fact that the first appeal was dismissed in the year 2010 and there is already direction in writ petition no. 35332 of 1996, therefore no further direction from this Court is required. The petitioners are at liberty to pursue their application before the authority concerned.
With the aforesaid observation, this writ petition is disposed of.
Order Date :- 22.2.2019 Pratima (Dr. Y.K.Srivastava,J.) (Pankaj Kumar Jaiswal,J.)