Raj Kumar And 3 Others vs State Of U P And 4 Others
2023 Latest Caselaw 4263 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - C No. - 38936 of 2022
 

 
Petitioner :- Raj Kumar And 3 Others
 
Respondent :- State Of U P And 4 Others
 
Counsel for Petitioner :- Vimal Chandra Mishra,Anurag Kumar Goutam,Praveen Kumar Mishra
 
Counsel for Respondent :- C.S.C.,Arun Kumar,Gaurav Dhama
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Ms. Nand Prabha Shukla,J.

Sri Arun Kumar, learned counsel appearing on behalf of the respondent.

This is a wholly misconceived petition seeking for a writ of mandamus to decide representation dated 27.09.2022 which is appended at page 39 of the paper book.

It seems that the petitioners are co-tenure holders of the plot in question which had been acquired, acquisition of which was challenged by the petitioners vide Writ Petition No. 14253 of 2018 which was dismissed on 19.04.2018. The award for the land in question had been declared on 18.11.2003, as noted in the judgment and order dated 19.04.2018 passed by this Court. The appropriate course of action for the petitioner was to approach the competent authority, namely, the Land Acquisition Officer to disburse the compensation under the award for the land in question. Instead the application was moved to the Prayagraj Development Authority, Prayagraj on 27.09.2022 which seems to be a result of wrong advice.

Be that as it may, the mandamus as prayed cannot be granted and it is open for the petitioners to approach the competent authority for disbursement of the award by moving an appropriate application along with the documents of their title in the land in question.

Subject to the above, the writ petition is dismissed.

Order Date :- 9.2.2023

Shivani