Court No. - 34
Case :- WRIT - C No. - 31622 of 2019 Petitioner :- Savari Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A.P. Singh Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Ramendra Kumar, Advocate, holding brief of Sri A.P. Singh, learned counsel for petitioner.
2. Petitioner is claiming that his land has been taken in possession by respondent, i.e., Public Works Department long back but he has not been paid any compensation in respect thereof.
3. It is evident from record that when petitioner's land was taken in possession by Public Works Department, no objection was raised by her. As such, after a long time, her claim for compensation cannot be considered in exercise of writ jurisdiction under Article 226 of Constitution of India. Further land was taken in possession by Public Works Department with her consent or not, is a disputed question of fact in regard to which remedy lies to petitioner in common law by filing suit.
4. Dismissed accordingly with liberty to petitioner to avail remedy as available under common law.
Order Date :- 27.9.2019 Ram Murti