Amar Singh vs State Of U.P.Throu.Its ...
2018 Latest Caselaw 1780 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 
Case :- LAND ACQUISITION No. - 150 of 2013
 
Petitioner :- Amar Singh
 
Respondent :- State Of U.P.Throu.Its Prin.Secy.Revenue Lko.And Ors.
 
Counsel for Petitioner :- S.P.Singh,Arvind Kumar Srivastava,Piyush Shrivastava,Prashant Singh Gaur,Sabha Jeet Singh
 
Counsel for Respondent :- C.S.C.,Shishir Jain
 

 
Hon'ble Vikram Nath,J.

Hon'ble Rajesh Singh Chauhan,J.

On 26.07.2018 considering the previous orders recorded in the order-sheet on 09.01.2014, 22.01.2014 and 29.01.2014, we had summoned the Collector, Balrampur and the Additional Collector, District-Balrampur dealing with land acquisition matters.

Sri Arvind Kumar Srivastava, learned counsel for the petitioner did not inform us about the relief claimed in the writ petition and that the previous orders relating to non-payment of compensation were not an issue in the matter.

Sri Siddharth Dhaon, learned Additional Chief Standing Counsel appearing for the State-respondents had also not pointed out the said facts.

Today, pursuant to order dated 26.07.2018 Sri Krishna Karunesh, Collector, Balrampur and Sri Subhash Chandra Prajapati, Special Land Acquisition Officer, District-Balrampur, are present.

In view of the facts recorded above, we provide that the personal appearance of the officers is not required any further.

The relief claimed in the petition is for quashing of an order dated 31.10.2013, passed by the respondent No.2/the Collector, Balrampur and further for a writ of mandamus restraining the respondents from implementing the aforesaid order.  Such relief cannot be granted without inviting counter affidavit.

Sri Dhaon, learned Additional Chief Standing Counsel prays for and is granted a month's time to file the counter affidavit.  The petitioner will have two weeks' time thereafter to file the rejoinder affidavit.

List the case after expiry of the aforesaid period.

Order Date :- 30.7.2018

Suresh/

[Rajesh Singh Chauhan,J.]     [Vikram Nath,J.]