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2025 DAILYLAW 15019 (ALL)

RAM NARAYAN PANDEY v. STATE OF U.P. AND 3 OTHERS

WRIC/4160/2025 · 2025-05-04

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71137-DB Court No. - 21 Case :- WRIT - C No. - 4160 of 2025 Petitioner :- Ram Narayan Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sinhasan Ram Counsel for Respondent :- Pranjal Mehrotra,C.S.C.,Mahendra Pratap Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition is for issuing a writ of mandamus commanding respondent no. 3, the Competent Authority/Land Acquisition Officer, Ghazipur to decide the representation of the petitioner dated 14.08.2024. 2. The case of the petitioner is that the petitioner and his brother owned a total area measuring 1.0650 hectare of plot no. 84, out of which they executed sale deed of an area measuring 0.77835 hectare on 17.02.2023 in favour of Ballia Manjhi Ghat Greenfield Project. In respect of remaining area, no compensation has been paid to the petitioner so far. The case of the petitioner is that his right to the property has already been decided in a civil suit. 3. Learned Standing Counsel has placed on record the instructions received from the Competent Authority. It is admitted that the subject land was acquired for public purposes. It is stated that the land is recorded not in the name of the petitioner in his individual capacity, but as Sarvarahkar of Shri Krishna ji, Shri Baldev ji, Shri Radhika ji, Shri Mahavir ji, sthapit Karimuddinpur. It is also stated that in a civil suit, a declaration has been issued by the court in respect of the person entitled to manage the property. There is no declaration that the petitioner owns the property in his individual capacity or has right to alienate the same or claim any compensation. As such, it would not be proper to release the compensation for the acquired land in favour of the petitioner. 4. Concededly, the representation filed by the petitioner dated 4.8.2024 is still pending and has not been decided so far. 5. In view of the above, the petition is disposed of with direction to the Competent Authority to decide the representation dated 14.08.2024 filed by the petitioner within eight weeks, after due notice and opportunity of hearing to all concerned. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 5.5.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad