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2025 DAILYLAW 77439 (ALL)

SHAMSHAD AHMAD v. UNION OF INDIA AND 5 OTHERS

WRIC/24299/2025 · 2025-08-03

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130847-DB Court No. - 3 Case :- WRIT - C No. - 24299 of 2025 Petitioner :- Shamshad Ahmad Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh,Manoj Kumar Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Prashant Kumar,J. 1. Counsel appearing on behalf of the petitioner is directed to implead District Magistrate, Moradabad as respondent in the array of the parties during the course of the day. 2. Heard learned counsel appearing on behalf of the parties. 3. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has sought for the following relief: "I. Issue a writ order or direction in the nature of certiorari quashing the impugned orders dated 14.5.2025, passed by the respondent no.3, Prescribed Authority (Land Acquisition)/Special Land Acquisition Officer, Moradabad and order dated 10.6.2025 passed by respondent no.5, Tehsildar, Tehsil Sadar Moradabad (Annexure No.1 and 2 to this writ petition). II. Issue a writ order or direction in the nature of mandamus commanding the respondent no.3, Prescribed Authority (Land Acquisition)/Special Land Acquisition Officer, Moradabad to release the withheld amount of compensation of the petitioner which is Rs.7309544/- along with interest within stipulated time as may be fixed by this Hon'ble Court." 4. Upon hearing counsel appearing on behalf of the parties, we are of the view that this matter is required to be referred to the District Magistrate for deciding the issue with regard to ownership of the land for which the compensation has been awarded by the competent authority under the Land Acquisition Act, 1894. 5. Accordingly, the District Magistrate concerned is directed to decide the matter within a period of eight weeks from date in accordance with law, after granting an opportunity of hearing to the petitioner and the private respondent. 6. With the above directions, the writ petition is disposed of. Order Date :- 4.8.2025 Kuldeep (Prashant Kumar, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad