Court No. - 29
Case :- WRIT - C No. - 28135 of 2018 Petitioner :- Shyamjanm Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Gokaran Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner. Learned Standing counsel has appeared for the respondents.
The petitioner alleges that he had purchased land area of 169 air situate in village Shamshabad Kraka, Pargana and Tehsil Muhmmadabad Gohana, District Mau. The respondents without acquiring the said land of the petitioner have encroached upon it for the purposes of constructing a road.
Learned Standing counsel has placed the instructions wherein it has been clearly stated that the land which has been purchased by the petitioner is of gata no. 825. It is not at all being utilized for the purposes of construction of the road and that the petition is misconceived.
The question whether any part of the petitioner's land is being utilized for construction of the road is a matter to be considered and decided on the basis of the evidence of the parties. This exercise can not be undertaken by the writ court.
Accordingly, we do not wish to entertain this writ petition and the same is dismissed with liberty to the petitioner to file a civil suit so as to establish that any part of his land is being utilized for construction of the road and for seeking compensation/damage in respect thereof.
Order Date :- 21.8.2018 SKS