Virendra And 2 Others vs State Of U.P. And 2 Others
2023 Latest Caselaw 2947 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - C No. - 35214 of 2022
 

 
Petitioner :- Virendra And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Jawahar Lal Pandey
 
Counsel for Respondent :- CSC
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vipin Chandra Dixit,J.

The petitioners herein are claiming to be the legal heirs and representatives of Gurusahai S/o of Chuttan and claimed that their lands have been acquired by the acquisition notifications published in the year 1989 under Land Acquisition Act for industrial development.

The contention is that though the possession of the land in question has been taken by the State-authorities, but compensation for acquisition has not been granted to the writ petitioners.

Earlier, Writ Petition No. 24750 of 2003 was filed by the petitioners, which was disposed of by the judgment and order dated 10.2.2005 directing the competent authority to decide the representation filed by the petitioners. The order impugned dated 20.9.2005 decided by the Additional District Magistrate (Land Acquisition Act) Gautam Budh Nagar is in compliance of the directions issued by this Court.

A categorical finding has been recorded in the order impugned that the entire land of Gata Nos. 367 and 368 (New Nos. 328, 329 and 330) had been sold by the original tenure holder namely Gurusahai S/o of Chuttan in his life time vide sale deed dated 10.11.1965 and there remained no land in his possession i.e. the vendor namely the predecessor-in-interest of the petitioners after the said sale.

The petitioners are seeking compensation by giving incorrect position with regard to the old numbers of the plot in question, by concealing the execution of the sale deed by the original tenure holder. There is no explanation in the present writ petition as to why the petitioners had approached this Court for the first time in the year 2003 in the previous writ petition, when the acquisition notifications were issued in the year 1989. Moreover, there is no challenge to the above noted findings in the order impugned, which are based on the perusal of the relevant record.

Be that as it may, in case of any dispute in relation to the sale deed of the land in question or right, title, compensation and interest of the petitioners over the land in question, the remedy before the petitioners is to file civil suit as no factual inquiry can be made by this Court.

No infirmity or illegality can be found in the order impugned.

The writ petition is, accordingly, dismissed.

Order Date :- 28.1.2023

CS/-