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Neutral Citation No. - 2025:AHC:19065-DB Court No. - 21 Case :- WRIT - C No. - 42895 of 2024 Petitioner :- Mehboob Hasan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mukul Yadav,Rajesh Yadav Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The petitioner has prayed for the following relief: i) Issue a writ order or direction in the nature of mandamus directing and commanding the respondents to direct the Commissioner, Moradabad Division, Moradabad, to decide the application dated 07.11.2024 and take necessary action against the responsible person within the stipulated period.
2. The application aforesaid is addressed to the Commissioner, Moradabad Division, Moradabad, wherein, the petitioner has raised grievance regarding non payment of compensation for certain land.
3. The Special Land Acquisition Officer, Amroha has placed on record the written instructions, according to which, in respect of same claim, the petitioner had earlier filed Writ-C No. 28110 of 2022 and it was disposed of by order dated 17.10.2022 permitting the petitioner to approach District Magistrate, Amroha to examine the issue relating to share of the parties in the subject land. In pursuance of the said liberty, the petitioner approached the District Magistrate and the said representation was disposed of by observing that it shall be open to the petitioner to get his share determined and partitioned by a court of competent jurisdiction. So far, the petitioner has not got his share determined or partitioned by court of competent jurisdiction but has again made representation on same facts. He has also not challenged the order of the Collector dated 20.07.2023 passed in this behalf.
4. In the aforesaid facts and circumstances, we are of the opinion that no purpose
would be served in directing the Commissioner to re-examine the issue and particularly when in the facts of the instant case, the Commissioner is not invested with any statutory power.
5. The petition stands disposed of with liberty to the petitioner to avail such other remedy for his claim in the subject land, as may be advised. Order Date :- 10.2.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad