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Neutral Citation No. - 2025:AHC:130990-DB Court No. - 29 Case :- WRIT - C No. - 12025 of 2025 Petitioner :- Mohammad Idrees Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Srivastava,Parvez Alam Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Jitendra Kumar Sinha,J.
1. Sri Pankaj Rai, Advocate has made a valuable assistance to the Court. 2. Heard Sri Arvind Srivastava, learned counsel for the petitioner, Sri Sanjay Srivastava, learned counsel appearing on behalf of respondent no.3/N.H.A.I. and Sri F.A. Ansari, learned Standing Counsel for the State-respondent. 3. The instant writ petition has been filed for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of MANDAMUS, directing the Learned Court of Additional District Judge, Court No.3, Bijnor to release the amount of award/compensation in favour of the petitioner in pursuance of the judgment and order dated 12.03.2024, passed in Civil Misc. Case No.-475 of 2018 (Sajid Ali and others Vs. Mohammad Idrees and others), expeditiously within stipulated time which this Hon'ble Court may fix. (ii)- Issue a writ, order or direction in the nature of MANDAMUS directing the Learned Corut of Additional District Judge, Court No.3, Bijnor to decide the Release Application (RA No.1 of 2024) expeditiously, within time stipulated, as this Hon'ble Court may deem fit."
4. Learned counsel for the petitioner in support of his submission states that the petitioner is owner of Arazi No.- 0266, Khasra/Gata Nos.- 480 and 478, area 1.7040 and 0.1500 hectare, respectively, situated at Village/Pargana- Meghpur (Afzalgarh), Tehsil- Dhampur, District- Bijnor. The N.H.A.I. had proceeded to acquire the land. The matter was referred to the competent court for apportionment. He further submits that a Civil Misc. Case No. 475 of 2018 had been decided by the court below in favour of the petitioner vide judgement and order dated 12.03.2024 and the same has attained finality as there is no impediment. He submits that in the fact and circumstances the direction be issued to the
court concerned to decide the release application R.A. No. 01 of 2024 expeditiously. 5. Per contra, learned Standing Counsel submits placing reliance upon the noting on the release application which gives an impression that the S.L.A.O. had send a cheque amounting to Rs. 2,29,59,640/- to the court concerned on 09.10.2020.
He further submits that as the three years have lapsed, some time may be accorded to get appropriate instructions in the matter. 6. Considering the aforementioned facts and circumstances and with the consent of parties, the instant writ petition stands
disposed of asking the authority concerned to decide the aforesaid R.A. No.01 of 2024 in accordance with law expeditiously.
Order Date :- 4.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad