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2025 DAILYLAW 41473 (ALL)

PHOOLMATI v. STATE OF U.P. AND 3 OTHERS

WRIC/11466/2025 · 2025-05-04

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70980-DB Court No. - 21 Case :- WRIT - C No. - 11466 of 2025 Petitioner :- Phoolmati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Singh Counsel for Respondent :- Akanksha Gaur,C.S.C.,Pranjal Mehrotra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner has prayed for a writ of mandamus commanding respondent No. 2 i.e., District Magistrate Shahjahanpur, to take appropriate action on her application dated 04.03.2025 in relation to disbursement of compensation amount with regard to Gata Nos. 341 (wrongly mentioned as 34 in the prayer clause), 342 and 343 of village Bahadurpur, Barha, Pargana and Tehsil Sadar, District Shahjahanpur. 2. The petitioner is claiming compensation for the aforesaid land on basis of her alleged title over the same. Indisputably, the aforesaid land was acquired under the provisions of National Highways Act, 1956. 3. Learned Standing Counsel has placed on record the instructions received from the Competent Authority, according to which, a title dispute is pending before this Court by way of Second Appeal No. 1442 of 2014. It is also stated that one Deepanshu S/o Vinod Kumar filed objection stating that the said second appeal is pending in this Court where question of title is involved and therefore, compensation should not be released in favour of any person and the dispute be referred to the Authority as per provisions of Section 76 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 4. Learned counsel for the petitioner submits that the petitioner is not party to the second appeal and after the controversy was raised by Depanshu, she filed an impleadment application in the pending second appeal. 5. We have gone through the application of which disposal has been sought. The said application is addressed to the District Magistrate. 6. The petitioner has admittedly not filed any application so far before the Competent Authority. 7. In view of the above, we dispose of the instant petition with liberty to the petitioner to file proper application before the Competent Authority in relation to her claim regarding compensation and in which event, the said application will be considered and decided by the Competent Authority after due notice and opportunity of hearing to all concerned. Order Date :- 5.5.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad