Neutral Citation No. - 2025:AHC:114390-DB Court No. - 29 Case :- WRIT - C No. - 22449 of 2025 Petitioner :- Dr. Arvind Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Srivastava,Shailendra Kumar Singh Counsel for Respondent :- C.S.C.,Nagesh Kumar Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner; Shri Suresh Singh, learned Addl. Chief Standing Counsel for State respondents and Shri Nagesh Kumar, learned counsel for respondent no.4-U.P. Bridge Corporation Ltd. (in short "Corporation"). 2. The instant writ petition has been preferred for a direction to respondents to pay compensation to the petitioner for the land acquired for the purposes of construction of flyover in question. 3. The petitioner claims to be the owner of plot no.33 (ka) and 33 (kha) total area 0.132 hect. situated in Mauja Harsevakpur No.2, Tehsil Sadar, Distt. Gorakhpur through sale deed executed on 16.05.2015 in his favour. It appears that Original Suit No.627 of 2008 was filed by the seller of the aforesaid property against one Abdul Hai for a decree of permanent injunction to restrain the defendants from interference in the property in dispute. The said suit was decreed exparte by judgment and order dated 23.11.2012 by the Addl. Civil Judge (SD), Court No.12, Gorakhpur. However, a compromise also took place between the parties outside the Court and as such the decree became final in view of the settlement between the parties. 4. Learned counsel for the petitioner submits that it is not in dispute that plot in question is required for public purpose i.e. for construction of flyover bridge. Though the Authority has already quantified the compensation but till date the same has not been disbursed to the petitioner. 5. Learned counsel for respondent no.4 has placed the detailed instructions sent by the Project Manager of the Corporation indicating therein that on account of pendency of Civil Suit No.1262 of 2019 the actual payment could not be ensured. 6. Considering the factual situation as emerged from the record, without adverting on merits of the issue, the writ petition stands disposed of with observation that in case there is no other impediment, the respondents may disburse the compensation to the actual owner, otherwise the compensation amount shall be deposited in a national bank in an interest bearing account fetching highest rate of interest. Order Date :- 15.7.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad