Allahabad High Court
Ram Nath vs State Of U P And 5 Others on 25 March, 2021
Bench: Sanjay Yadav, Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- WRIT - C No. - 8654 of 2021
Petitioner :- Ram Nath
Respondent :- State Of U P And 5 Others
Counsel for Petitioner :- Ganga Dhar Shukla
Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,J.
Hon'ble Prakash Padia,J.
Per Hon'ble Prakash Padia, J.
The petitioner by way of present petition seek following reliefs:-
"(i) Issue a writ, order or direction in the nature of CERTIORARI quashing the impugned order dated 18.12.2020 passed by the Executive Engineer, Public Works Department, Prayagraj (Annexure No. 7 to this writ petition).
(ii) Issue a writ, order or direction in nature of MANDAMUS directing the respondents to pay the compensation to the Petitioner for the constructions that were demolished from the land bearing Khasra No. 381M area 0.2280 hectares of the Revenue Village- Devrakh Uparhar, Pargana-Arail, Tehsil-Karchhna, District-Prayagraj."
Brief facts of the case as emerging out from the perusal of the averments made in the writ petition and the documents appended thereto are that the petitioner is the owner of Khasra No. 381M area 0.2280 hectares situated in village Devrakh Upahar, Pargana-Arail, Tehsil-Karchhna, District Prayagraj with transferable rights.
The only grievance of the petitioner appears to be that the respondents apart from constructing road on the basis of the Government Map have illegally encroached upon the petitioner's plot also without either acquiring the same or paying any compensation to him after demolishing petitioner's constructed house.
Aggrieved against the aforesaid, a representation was submitted by the petitioner on 28.07.2018 before the authorities. Since no action was taken on the same, the petitioner approached this Court by filing a writ petition being Writ-C No. 15351 of 2019 (Ram Nath vs. State of U.P. and 5 Others). The aforesaid writ petition was finally disposed of by the Co-ordinate Bench of this Court vide its judgment and order dated 06.08.2019 with the direction to the respondent no. 3/District Level Committee to pass appropriate order in the matter within four months. Pursuant to the same, order dated 18.12.2020 was passed by the Executive Engineer, Public Works Department (Prayagraj)/ respondent no. 6 which is under challenge in the present writ petition.
It is argued by the learned counsel for the petitioner that sum of Rs.81,770/- was paid to the petitioner towards compensation in respect of land but no compensation was paid for demolition of the construction over the land in dispute. It is further argued that without considering the aforesaid aspect of the matter, order impugned has been passed. It is further argued that the aforesaid order is in violation of Article 14, 16, 21 and 300-A of the Constitution of India.
Heard counsel for the parties and perused the record.
Neither any documentary evidence has been produced by the petitioner in the entire writ petition nor any arguments has been made to establish that house of the petitioner was demolished by the respondents for which he is seeking compensation.
Further in the impugned order findings were duly recorded that the compensation has been paid to the petitioner with his consent and the amount of compensation has been deposited in the Bank account of the petitioner. There is no denial in the entire writ petition to the aforesaid findings.
In the absence of the same, no relief can be granted to the petitioner, petition fails and is dismissed.
No costs.
Order Date :- 25.3.2021
Swati
(Prakash Padia, J) (Sanjay Yadav, J)
