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Neutral Citation No. - 2025:AHC:81993-DB Court No. - 21 Case :- WRIT - C No. - 15711 of 2025 Petitioner :- Jai Prakash Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The case of the petitioner is that in terms of an award made under the provisions of the Railways Act, 1989 the Competent Authority prepared Form-11 whereunder compensation in a sum of Rs. 73,61,806.03 is payable to petitioner and two other persons, namely Chandrika Prasad and Deepak all sons of Kamta Prasad. The compensation amount has not been released in favour of the petitioner and two other persons, as per Form-11 on account of some objection made by respondent no. 4. It has come on record that name of respondent no. 4 was mutated in the revenue records vide order dated 15.07.2024. The said order has, however, been set aside on an appeal filed by the petitioner and his two brothers and the matter has been remanded back. It is urged that the petitioner has filed an application in the aforesaid facts and circumstances before Competent Authority for referring the dispute between the petitioner and private respondent no. 4 as per provisions of Section 20H(4) of the Railways Act. However, no decision has been taken on the said application so far and hence the instant writ petition praying for a direction to respondent no. 2 i.e. Competent Authority to decide the application dated 04.03.2025.
2. Learned Additional Chief Standing Counsel appearing for the Competent Authority does not oppose the prayer.
3. Under Section 20 H(4) of the Act, in case of any dispute regarding apportionment of compensation or to entitlement thereof the dispute has to be referred to the Principal Civil Court of original jurisdiction.
4. Having regard to the same, we dispose of the instant petition by providing that respondent no. 2 shall decide the application dated 04.03.2025 within six weeks of communication of the instant order along with photocopy of the application after hearing the petitioner and all other concerned. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 17.5.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad