Court No. - 4
Case :- WRIT - C No. - 16462 of 2019 Petitioner :- Shri Uday Bhan Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sohan Lal Yadav Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the respondents no.1 to 4.
The instant writ petition has been filed by the petitioners with the following prayer :-
"(a) Issue a writ, order or direction in nature of mandamus commanding to the respondents to consider the claim of petitioners for the compensation of the land has been taken for the road broadening and development towards Bhadohi-Kupselhi-Bawatpur in which the land Arazi No.707, shares belonging to petitioners utilized for the purpose but neither compensation has been given nor the process of consent has been taken, and the authorities are rest dormant on the representation 22.10.2018 and 17.12.2018. Otherwise petitioners shall suffer irreparable loss and injury.
(b) Issue a writ, order or direction in nature of mandamus, directing the respondents to decide the claim of petitioners which was made through the representation dated 22.10.2018 and 17.12.2018."
The grievance of the petitioners appears to be that although their land was taken by the respondents for the purpose of road widening but no compensation has been paid to them till date.
When the matter was taken up today, learned Standing Counsel on the basis of the instructions received by him in compliance of order dated 13.5.2019 passed by another coordinate Bench of this Court stated that since petitioner had executed several sale deeds in respect of different persons in respect of undivided share of their land, till the shares of the different co-sharers are determined by the S.D.M., under Section 116 of the U.P. Revenue Code, 2006 it is not possible to pay any compensation to the petitioners.
Having considered the submissions made at the Bar and perused the material brought on record, we find that there is no dispute about the fact that the shares of the different co-sharers in the land in question are yet to be determined.
We accordingly dispose of this writ petition with liberty to the petitioners to move an application before the respondent no.3/Sub Divisional Magistrate, Tehsil-Pindra, District Varanasi, under Section 116 of the U.P. Revenue Code, 2006 for determination of their shares of the disputed land. After their shares are determined the respondents shall pay compensation to them as per their respective shares.
Order Date :- 30.7.2019 Pramod Tripathi