Court No. - 21
Case :- WRIT - C No. - 15128 of 2018 Petitioner :- Sunita Gupta And Another Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Sunita Chauhan,Hans Pratap Singh Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Petitioners have approached this Court seeking a mandamus to command the respondent no. 3 to make the payment of compensation along with interest to the petitioner as per award declared for acquisition of land being Plat No. 1258 measuring are 0.025 hectares.
The issue is one which requires investigation into the question of fact as such no useful purpose would be served in keeping the writ petition pending and by calling counter affidavit. Interest of justice would be served in case fact finding authority is directed to look into the grievance of the petitioners initially.
From the pleadings, we find that the petitioners had already made a representation dated 16.11.2017 before the Prescribed Authority/ Additional District Magistrate (F. & R.), Ghazipur.
Learned Standing Counsel appearing for the State-respondents fairly states that in case any representation made by the petitioners is pending or even if fresh representation is made, the respondent no. 3- Prescribed Authority/ Additional District Magistrate (F. & R.), Ghazipur shall take an appropriate decision thereon expeditiously.
In such circumstances, we dispose of the writ petition giving liberty to the petitioners to make a fresh representation before respondent no.3-Prescribed Authority/ Additional District Magistrate (F. & R.), Ghazipur within a period of three weeks from today annexing therewith all the relevant documents in support of their claim with the direction to the said authority that in case any such representation is made by the petitioners, he shall proceed to consider and decide the same in accordance with law within a further period of six weeks from the date of making of the representation after notice and opportunity of hearing to all concerned.
Order Date :- 26.4.2018 OP