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Neutral Citation No. - 2025:AHC:36521-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 29) Court No. - 21 Case :- WRIT - C No. - 3121 of 2025 Petitioner :- Dhaniram Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Om Narayan Dwivedi,Tryambak Nath Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Paras Nath Rai Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The instant petition has been filed praying for a writ of mandamus directing the respondents to pay compensation to the petitioner in respect of plot no. 425 area 0.1870 hectare and plot no. 426 area 0.1810 hectare Village-Haidarabad Tappa Belwa, Pargana-Amodha, Tehsil-Harraiya, District-Basti. 2. The case of the petitioner is that on basis of a compromise in Suit under Section 229B of U.P. Zamindari Abolition and Land Reforms Act, a sale deed came to be executed in his favour on
25.2.1977. It is admitted to the petitioner that Sitaram, the alleged transferor had instituted a Suit bearing number 233 of 1977 for cancellation of sale deed in the court of Munsif Basti and the said suit was decreed. The petitioner filed an appeal against the same which too was dismissed. Thereafter, the matter is pending in Second Appeal No. 524 of 2010 before this Court at the behest of the petitioner. Although, an interim order is operating therein in favour of the petitioner restraining the plaintiff of the suit from interfering in the possession of the petitioner but the net result of the litigation held so far is that the sale deed in favour of the petitioner stands cancelled. 3. The Special Land Acquisition Officer has supplied written instructions dated 20.2.2025 and wherein the stand taken is that in view of pendency of litigation between the petitioner and his alleged vendor, Second Appeal No. 524 of 2010, the compensation amount has not been paid to the petitioner. 4. Sri P.N. Rai, learned counsel for the respondent no. 1 has placed the award of Special Land Acquisition Officer dated 20.01.2024. 5. We find no fault in the stand taken by the Special Land Acquisition Officer in this behalf. As noted above, the second appeal of the petitioner is still pending and as such unless the same is allowed and the sale deed in favour of the petitioner is held to be valid, he would not be entitled for compensation.
At this stage, therefore, we decline to issue any direction but leave it open to the petitioner to stake claim for compensation in case, ultimately in the pending litigation the sale in his favour is held to be valid. 6. The petition stands disposed of accordingly. Order Date :- 12.3.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad