Hon'ble Sanjay Kumar Pachori,J.
Heard Shri S.K. Maurya, learned counsel for the petitioner and Shri Pawan Kumar Mishra, Advocate holding brief of Shri Pranjal Mehrotra, learned counsel for the respondent no.2.
The present writ petition is preferred seeking following principal reliefs:-
"i. to issue a writ order or direction in the nature of mandamus commanding the respondents to declare the award of petitioner's share in land of Gata No.232 of village Usmanpur, Chunar, District Mirzapur, which has already been acquired under Section 3A (1) notification dated 28.07.2017 followed by 3D (2) notification dated 08.01.2018.
ii. to issue a writ order or direction in the nature of mandamus commanding the respondent to pay compensation of the commercial house and two other commercial structures bearing structure no.R-9, R-11 and R-14.
iii. to issue a writ order or direction in the nature of mandamus commanding the respondent to decide the petitioner's representation dated 25.11.2020 (Annexure No.9).
iv. to issue writ order or direction in the nature of mandamus by restraining the respondents from demolishing petitioner's commercial house till payment of compensations otherwise the petitioner will suffer irreparable loss and injury."
Learned counsel for the petitioner submits that the petitioner purchased the land in question through registered sale deed dated 16.7.2011 and on the basis of the said sale deed, his name has been recorded in the revenue record. As such, he is owner and possession of the land in question. In support of his submission, he has placed reliance on the Khatauni Fasali Year 1424-1429, which is appended as Annexure No.1 to the writ petition and claimed that he is entitled for the compensation in lieu of award dated 18.1.2020.
On the other hand, learned counsel for the contesting respondents has raised objection that as per record, the Public Works Department has also some stake in the property in question.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with observation that in case the petitioner approaches the competent authority/Special Land Acquisition Officer, Mirzapur within a week's time, then definitely the competent authority would examine the claim of the petitioner as per record available on record and redress the same in accordance with law within a period of six weeks from the date of production of a copy of this order before him.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.1.2021 RKP