Neutral Citation No. - 2025:AHC:30276-DB Court No. - 21 Case :- WRIT - C No. - 29418 of 2024 Petitioner :- Shiv Pratap Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Amrita Singh Counsel for Respondent :- Bhoodev Yadav,C.S.C.,Mahendra Pratap,Shailendra Kumar Dwivedi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard learned counsel for the petitioner, Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State-respondents and Sri Shailendra Kumar Dwivedi, learned counsel for respondent no. 2. We have also heard Sri Bhoodev Yadav, Advocate for respondent no. 5 (Jai Prakash Singh). 2. The instant petition has been filed praying for a direction to respondents no. 2 to 4 to pay compensation to the petitioner in respect of a house situated over Gata No. 59m, area 0.066 hectare. 3. The case of the petitioner is that the petitioner has share measuring 0.0228 hectare of total area 0.451 hectare of Gata No. 59m, Village Badhua Godam, Pargana Muhammadabad, Gohana, Tehsil Sadar, District Mau. The same was acquired under the provisions of the National Highways Act, 1956. The petitioner has inherited the said area of land in Gata No. 59m from one Jagannath on basis of a will dated 28.03.2011 (mentioned as 31.03.2011 in paragraph 12 of the writ petition). His name has been duly mutated in the revenue records and, therefore, he is entitled to compensation for the said area. However, the same has not been paid to him despite repeated representations. 4. Respondent no. 5 in the affidavit filed in support of impleadment application stated that civil suit bearing No. 560 of 2018 is pending between the parties and wherein the validity of the Will setup by the petitioner in his favour is in issue. He further submits that there are other proceedings pending between the parties in respect of the same land before the consolidation courts. A copy of the memo of revision of Revision No. 369 of 2023, said to be pending before the Deputy Director of Consolidation, has been enclosed along with the affidavit. 5. The Competent Authority has placed on record the written instructions dated 23.09.2024 in which also there is a reference to original Suit No. 560 of 2018 and various revisions pending before Deputy Director of Consolidation pertaining to the same land between the parties. 6. Learned counsel for the petitioner does not dispute about the pendency of the civil suit and various proceedings before the consolidation courts. 7. It is thus evident that there is serious dispute between the parties in respect of title of the acquired land. In such circumstances, the prayer made in the petition for a direction to respondents no. 2 to 4 to release compensation in favour of the petitioner cannot be allowed at this stage. The petitioner may either pay for release of compensation after the dispute between the parties is settled or he may approach the Competent Authority and seek reference of the dispute in terms of Section 3H(4) of the Act. 8. The petition stands disposed of with aforesaid liberties to the petitioner. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J. Order Date :- 4.3.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad