Awadhesh Kumar Kushwaha vs State Of U.P. Through Chief ...
2021 Latest Caselaw 9541 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 248 of 2020
 

 
Appellant :- Awadhesh Kumar Kushwaha
 
Respondent :- State Of U.P. Through Chief Secretary,Panchayat Raj And 5 Others
 
Counsel for Appellant :- Rashtrapati Khare,Mangal Prasad Pandey,Rachna Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Subhash Chandra Sharma,J.

Order on Civil Misc. Delay Condonation Application No. 1 of 2020

Heard on the application under section 5 of Limitation Act.

Looking to the reasons given in the application and not opposed by the side opposite, the application is allowed.

Delay is condoned.

Order on Special Appeal

Heard learned counsel for the petitioner/appellant and Sri Subhash Rathi, learned Standing Counsel for the State.

By this appeal, challenge is made to the judgment dated 08.05.2018 by which the writ petition preferred by the petitioner/appellant was dismissed.

Learned counsel for the petitioner/appellant submits that a land was taken for tubewell but no compensation for it was given and, therefore, the present appeal has been preferred to challenge the judgment.

Learned Single Judge has considered the issued aforesaid and in paragraph 3 of the operative portion, it was found that pursuant to the letter dated 17.02.2018 by the District Development Officer, petitioner/appellant was provided compensation on the acquisition/resumption of the land by the Gram Sabha for the purpose of installation of tubewell. Against the specific finding recorded by the learned Single Judge, there is no pleading in the appeal to controvert it. It is not pleaded that compensation was not paid to the petitioner out of the acquisition. In view of the above, the finding recorded by the learned Single Judge about the payment of compensation on resumption/acquisition of the land remains unchallenged.

In view of the above, the only ground before us to press the appeal would not survive in absence of the pleading to controvert the finding of the learned Single Judge.

Accordingly, the appeal fails and is, dismissed.

Order Date :- 4.8.2021

Madhurima

(Subhash Chandra Sharma, J.) (Munishwar Nath Bhandari, ACJ.)