Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:63890-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.47) Court No. - 21 Case :- WRIT - C No. - 6316 of 2025 Petitioner :- Pratibha Kushwaha Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Shrawan Kumar Ojha,Surendra Kumar Chaubey Counsel for Respondent :- Vaibhav Tripathi,A.S.G.I.,C.S.C.,Mahendra Pratap Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
Order on Civil Misc. Amendment Application
1. Heard.
2. The amendment application is allowed.
3. Let necessary amendment be made within a weeks.
Order on Writ Petition
1. Sri Vaibhav Tripathi, learned counsel is appearing on behalf of respondent Authority.
2. The petitioner has assailed a notice dated 10.12.2024 by which the Competent Authority has directed the tenure-holders who have already accepted the compensation to vacate the land and the superstructure within 15 days and has also required the remaining tenure-holders to submit their documents and receive compensation so that the acquisition could be complete.
3. Learned Standing Counsel has placed on record the written instructions received from ADM, Finance and Revenue/Competent Authority, Land Acquisition, Deoria, according to which there is no actual partition between the co-sharers and therefore, the compensation is payable according to shares in the joint holding.
4. Learned counsel for the petitioners submits that the petitioner is a transferee of a specified portion of land from one of the co- sharers. He submits that the petitioner may be given liberty to approach the Competent Authority with her claim.
5. Accordingly, the petition is disposed of with liberty to the petitioner to approach the Competent Authority by means of a fresh representation and in which event the same shall be decided by the Competent Authority after due notice and opportunity of hearing to the petitioners and other co-sharers within twelve weeks.
Order Date :- 25.4.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) ) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad