Neutral Citation No. - 2025:AHC:81203-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.31) Court No. - 21 Case :- WRIT - C No. - 7350 of 2025 Petitioner :- Babban Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Satish Kumar Pandey Counsel for Respondent :- A.S.G.I.,Bimalesh Ch. Tripathi,C.S.C.,Mahendra Pratap,Pawan Kumar Mishra,Pranjal Mehrotra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. Civil Misc. Impleadment Application No. NIL of 2025 1. The impleadment application filed today is taken on record. 2. Office is directed to register the application. Order on Writ Petition 1. Heard Sri Satish Kumar Pandey, counsel for the petitioner, Sri Ram Chandra, counsel holding brief of Sri Pranjal Mehrotra, for respondent no.1, Sri Pawan Kumar Rai, counsel for respondent no.6, learned Additional Chief Standing Counsel for respondents no.2 to 5 and Sri Rishab Kumar Pandey for respondent no. 7 and also on behalf of Akhilesh Kumar Mishra, Brij Bihari Mishra and Vijay Pratap Mishra, who have filed application for impleadment in the writ petition. 2. The petitioner has prayed for a writ of mandamus commanding the respondent Authorities to pay sale consideration of Rs. 32,04,000/- alongwith interest in pursuance of sale deed dated 23.01.2022 to the petitioner. The said sale deed has been executed by the petitioner in favour of Union of India for construction of road over the land by NHAI. 3. The grievance of the petitioner is that although a sale deed has been obtained from him and wherein sale consideration amount is also settled but the same has not been paid to the petitioner so far. 4. It is noteworthy that the petitioner claims exclusive title over the land, which was subject matter of sale on basis of sale deed dated 21.12.2004 in his favour by Phulkuwri widow of Jagdish and an ex-parte decree dated 31.05.2016 in a declaratory suit under Section 229B of the UPZALR Act. 5. Learned Standing Counsel has placed on record the instructions received from the State respondents and wherein the stand taken is that respondent no.7 has filed an application for recall of the ex- parte decree and the said proceedings are pending and therefore, compensation has not been paid. 6. Learned counsel for the petitioner does not dispute that the recall application filed by respondent no.7 is pending and on the said application, notice has been issued to the parties. 7. The impleadment application is by other defendants of the suit under Section 229B. They are brothers of respondent no.7. 8. Learned counsel for the petitioner vehemently submits that the applicants, who have filed application for impleament, have no right to be impleaded in the writ petition or to oppose the claim of the petitioner. 9. We find that the name of the applicants as well as respondent no.7 was directed to be mutated in the revenue records by order of Consolidation Officer dated 28.06.2022 even before sale deed was executed by the petitioner in favour of the respondent no.1. 10. Counsel for the petitioner submits that the aforesaid order of the Consolidation Officer has already been set-aside vide order dated 14.2.2024 and the matter has been remanded for fresh adjudication after due notice to all concerned. 11. In view of the aforesaid rival claims, we are of the opinion that in the first instance, the same should be examined by respondent no.2 12. Accordingly, we dispose of the instant petition with liberty to the petitioner to make representation before respondent no.2 within two weeks from today alongwith true attested copy of the instant order. Respondents no.2 will issue notice to the parties and after hearing all the parties, he will pass a speaking order within next twelve weeks. The payment of compensation/sale consideration amount would abide by the decision that would be taken by respondent no. 2 in pursuance of the instant order. Order Date :- 16.5.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad