Balendra Kumar Upadhyay vs The State Of Madhya Pradesh
2024 Latest Caselaw 6704 MP

Madhya Pradesh High Court

Balendra Kumar Upadhyay vs The State Of Madhya Pradesh on 5 March, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                                1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                   ON THE 5 th OF MARCH, 2024
                                                WRIT PETITION No. 3251 of 2024

                           BETWEEN:-
                           BALENDRA KUMAR UPADHYAY S/O SHRI BAL
                           KRISHNA UPADHYAY, AGED ABOUT 65 YEARS,
                           OCCUPATION: CULTIVATOR VILLAGE GADARIYA
                           TAHSIL HUZUR DISTT. REWA (M.P.) (MADHYA
                           PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI L.M.TRIPATHI - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                 SECRETARY LAND ACQUISITION DEPARTMENT
                                 VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    THE   COLLECTOR              REWA REWA   (MADHYA
                                 PRADESH)

                           3.    THE LAND ACQUISITION OFFICER / SUB DIVISION
                                 OFFICER,  TAHSIL   HUZUR DISTRICT REWA
                                 (MADHYA PRADESH)

                           4.    THE DIVISIONAL MANAGER, M.P. ROAD VIKAS
                                 NIGAM REWA (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI GAJENDRA PARASHAR - PANEL LAWYER)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-

i) Issue a writ in the nature of Certiorari to direct the respondents to decide the compensation amount according to the objection application (Anne.P-3) filed by the petitioner and also may kindly be set aside the order dated 26.12.2023 passed by I ADJ Rewa in Case No.700038/2014 being beyond jurisdiction and set aside order dated 10.12.2012 (Annexure P/4).

ii) Issue any other writ, order or direction as this Hon'ble Court may deems fit.

It is submitted by counsel for the petitioner that this petition has been filed against the judgment dated 26.12.2023 passed by I Addl. Judge to the Court of I Addl. District Judge, Rewa in Acquisition Case No.700038/2014 by which the reference under section 18 of the Land Acquisition Act, 1894 has

been rejected. Accordingly, he seeks permission of this Court to withdraw this petition with liberty to file first appeal.

With the aforesaid liberty, the petition is dismissed as withdrawn.

(G.S. AHLUWALIA) JUDGE HS