Court No. - 40
Case :- WRIT - C No. - 19726 of 2021 Petitioner :- Surya Prakash Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Balram Mishra Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
The personal affidavit filed today is taken on record.
Heard learned counsel for the petitioner; learned Standing Counsel for respondent nos. 1 to 4 and have perused the record.
The petitioner's grievance is that his land pertaining to Gata No. 2-Cha and 12-Ga, area 0.051 hectare and 0.063 hectare, respectively, situate at village Ramvapur, Tappa- Bakhira, Tehsil Khalilabad, District Sant Kabir Nagar has been illegally occupied by the Public Works Department for the purposes of road construction and no compensation has been paid to the petitioner. For seeking compensation, this petition has been filed.
The petitioner has placed reliance on a report, dated 9.3.2019, of the Sub-Divisional Magistrate in support of his contention.
On 16.9.2021 when the matter was taken up, the Sub-Divisional Magistrate, Khalilabad was required to be present in person before the Court to indicate as to under what law and under which procedure, the report was prepared. Pursuant to that order, Sri Raj Narayan Tripathi, the current Sub-Divisional Magistrate,Khalilabad, has appeared before the Court and has filed his personal affidavit. In the affidavit, it is stated that the Sub-Divisional Magistrate who had prepared the report dated 9.3.2019 has demitted the office on 30.6.2021 and that the report dated 9.3.2019 submitted by him is without hearing the affected parties and the said report does not appear to be correct in law.
Learned counsel for the petitioner submitted that assuming that the report dated 9.3.2019 was not prepared /submitted after following due procedure of survey of land/demarcation, the claim of the petitioner needs to be adjudicated in a proper manner.
We find substance in the submission of the learned counsel for the petitioner that if a claim has been made then the same has to be adjudicated in a proper manner.
In view of the above, we deem it appropriate to dispose of this petition by giving liberty to the petitioner to move an application before the Sub-Divisional Magistrate concerned for demarcation of his plot. If the exercise of demarcation reveals that any portion of plot of the petitioner has been occupied by the Public Works Department then the area occupied shall be mentioned in the report so prepared. If thereafter the petitioner has any grievance, he may move an application for compensation for the area occupied by Public Works Department.
It is expected that the exercise for demarcation shall be concluded expeditiously, preferably within a period of six weeks from the date of filing/submission of application by the petitioner in that regard provided the application is submitted within two weeks from today.
With the aforesaid observations and direction, the petition is disposed of.
Order Date :- 21.9.2021 sfa/