Court No. - 37
Case :- WRIT - C No. - 16097 of 2021 Petitioner :- Ram Naresh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ghan Shyam,Satyendra Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Let a copy of writ petition be served on Sri S.C. Dwivedi, Advocate, who appears for respondent no.2. After receiving the copy, he shall file reply within four weeks.
List in the month of September, 2021.
After passing of the aforesaid order, counsel for petitioners continued to argue the matter, hence we proceed to decide the writ petition at the admission state.
The prayer made in the writ petition are as follows:
"(i). to issue a writ, order or direction in the nature of mandamus directing respondents to pay the compensation to the petitioners for Gata No. 322 area 1.8010 hectare, situated at village Daspur, Pergana and District Auraiya as mentioned in sale-deed along with interest which has been acquired by the respondents for construction of Bundelkhand Expressway.
(ii). to issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to decide the representation dated 21.06.2021 of petitioners.
(iii). to issue any other writ, order or direction as deemed fit by this Hon'ble Court in the circumstances of the case.
(iv). to issue costs to the petitioners."
Learned counsel for the petitioners has submitted that the petitioners land of Gata No. 322 area 1.8010 hectare has been acquired by respondent no.2 for the purposes of construction of Bundelkhand Expressway. The petitioners have executed sale- deed in favour of respondent no.2 on 06.08.2019 but till date they have not been paid any compensation and in this regard, the petitioners have preferred representation dated 21.06.2021 for the respondent no.3, which is still pending consideration.
This Court sitting in writ jurisdiction has no authority under Article 226 of the Constitution of India to pass an order straightway directing the respondents to pay compensation to the petitioners in a writ petition which itself involves the disputed question of facts.
However, considering the grievance of the petitioners, the respondent no.3 is directed to consider and decide the pending representation of the petitioner dated 21.06.2021 preferably within a period of twelve weeks from today. This writ petition shall also be treated as representation. In case, the petitioners are found entitled, they shall be paid compensation, if there is no legal impediment.
The writ petition is disposed of accordingly.
Order Date :- 28.7.2021 Prajapati