Indu Bala Devi vs Union Of India And 4 Others
2019 Latest Caselaw 6453 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 22461 of 2019
 

 
Petitioner :- Indu Bala Devi
 
Respondent :- Union Of India And 4 Others
 
Counsel for Petitioner :- Kavindra Singh,Mahesh Chandra Rai
 
Counsel for Respondent :- C.S.C.,Vikash Chandra Tripathi
 

 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Prakash Padia,J.

Supplementary affidavit filed today in the Court is kept on record.

Heard learned counsel for the petitioner and Sri Vikash Chandra Tripathi, learned Chief Standing Counsel for the State respondents.

This writ petition has been filed by the petitioner with the following prayer :-

"Issue a writ, order or direction in the nature of mandamus commanding/directing to the respondent no.4 (Competent Authority/Upper Collector (Finance and Revenue), District Ghazipur) to consider and decide the application dated 1.12.2018 which is pending before him since 1.12.2018 whereby applicant/petitioner has prayed for compensation of her land which has been acquired by Gazette notification dated 18.6.2018, within specified period."

Upon perusal of the averments made in the writ petition and the documents appended thereto, the grievance of the petitioner appears to be that although her land of Arazi No.111Sa, Area 0.5850 Hectare and Arazi No.112Sa Area 4.3080 Hectare, situated in village Mauja-Rauja Shah Barkhudar, Pargana, Tehsil and District Ghazipur, was proposed to be acquired by the Railways vide notifications dated 9.11.2017 and 18.6.2018 issued under Sections 20A and 20E of the Railways Act, for the purpose of laying railway line, but till date not a single penny has been paid to her towards compensation. It is next contended that even the representation filed by the petitioner before respondent no.4 in this regard on 11.3.2019, copy whereof has been filed as Annexure-4 to the writ petition, has not been decided till date. It is further contended that a suitable direction be issued to respondent no.4 to decide the representation filed by the petitioner before him within a specified period.

To the aforesaid prayer made by learned counsel for the petitioner, learned counsel for the respondents has no objection.

In view of above, without expressing any opinion on the merits of the case, we dispose of the writ petition with the direction to respondent no.4 to decide the application dated 1.12.2018 (Annexure 1), filed by the petitioner within a period of two months from the date of production of certified copy of this order, after affording opportunity of hearing to the respondents.

Order Date :- 1.8.2019

Shalini