Court No. - 4
Case :- WRIT - C No. - 28095 of 2019 Petitioner :- Sri Radha Krishna Gopal Ji Maharaj Respondent :- State Of U.P. And Another Counsel for Petitioner :- Amulya Ratan Srivastava,Sunil Kumar Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
The petitioner has preferred the present writ petition with the following prayer :-
"a) Issue a writ order or direction in the nature of mandamus commanding the respondents to pay the compensation for Plot No.43 area 0.1940 Hectare, which had been acquired for extension of Road."
The facts in brief is that petitioner is recorded tenure holder in respect of plot no.43 (hereinafter referred as disputed plot). The aforesaid plot is recorded in the name of Sri Radha Krishna Gopal Ji Maharaj and the same is situated in Village Daspur, Tehsil-Auraiya, District-Auraiya.
It is contended that in the disputed plot one temple has been built. Shyam Singh son of Mool Chand was a Sarvarakar of the aforesaid temple. He executed a Will bequeathing the office of Sarvarakar of the temple in favour of the petitioner namely Yogesh Kumar @ Narayan Das. After his death name of the petitioner was entered in the revenue record by the order passed by the Tehsildar, Auraiya on 18.2.2019. It is contended in paragraph 9 of the writ petition that State Government issued a notification on 14.12.2018 and by the aforesaid notification several plots of several villagers including the disputed plot were acquired for extension of road. After the notification was issued, without following the process of law and without computing the amount of compensation possession has been taken. It is further contended that although the possession of the land in question has been taken by the authorities but neither any compensation has been computed nor any compensation has been paid to the petitioner. In this regard petitioner has met with authorities from time to time but no action has been taken hence petitioner has preferred the present writ petition with the prayer to direct the respondents to pay the compensation for plot no.43 area o.1940 hectare.
From perusal of the record it transpires that the plot no.43 area 0.1940 hectare was acquired by the respondents for the extension of road but no compensation has been paid to the petitioner.
In this regard we find that the State Government has issued a Government Order dated 12.5.2016 by which a Committee has been constituted in each district for the consideration of such matters.
Accordingly, present writ petition is disposed of directing the petitioner to move an appropriate application before the said Committee in terms of the Government Order dated 12.05.2016. If such an application is filed, the Committee will consider and decide the matter by a reasoned and speaking order within a period of two months from the date of production of a certified copy of this order.
Order Date :- 27.8.2019 Pramod Tripathi