Allahabad High Court
Bhagirath And 2 Others vs State Of U.P. And 4 Others on 23 November, 2020
Bench: Munishwar Nath Bhandari, Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- WRIT - C No. - 18928 of 2020 Petitioner :- Bhagirath And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Hans Pratap Singh Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi Hon'ble Munishwar Nath Bhandari,J.
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Hans Pratap Singh, Advocate for petitioners and Sri M.C. Chaturedi, learned Additional Advocate General assisted by Sri Raghvendra Dwivedi, Standing Counsel for Respondents-1, 3, 4 and 5.
2. The writ petition has been filed to seek a direction on respondents to execute a sale deed in respect of Gatas No. 367/15 and 367/7 of petitioner no.1, Gata No. 367 of petitioner no. 2 and Gata No. 367/16 of petitioner no. 3.
3. It is stated by counsel for petitioners that without execution of sale deed, the respondents are trying to dispossess the petitioners for which they had earlier approached this Court by way of a writ petition bearing Writ-C No. 39822 of 2019 (Bhagirath and others vs. State of U.P. and others) decided vide order dated 06.12.2019. At that time, land of petitioners was not acquired or possessed so as to execute a sale deed and, therefore, writ petition was disposed of with a clarity that in future, if respondents interfere in possession of land, the same would save by the process of law. It is stated that petitioners are going to be dispossessed forcefully thus respondents be directed to first execute the sale deed.
4. Learned Additional Advocate General submits that land belonging to petitioners was not acquired for construction of road and further he refers to the document available on record and stated that even now they are not in need of petitioners' land and, therefore, question of payment of compensation does not arise.
5. Taking into consideration the facts and circumstances, as stated above, we find that no case in favour of petitioners is made out. Execution of sale deed or acquisition of land would be when land belongs to petitioners is required by the respondents. As per statement made by learned Additional Advocate General, it is not required and accordingly petitioners may enjoy the peaceful possession of land and as such we cannot direct the respondents to execute a sale deed, as the land is not required or acquired by the respondents.
6. The writ petition is disposed of with the aforesaid.
Order Date :- 23.11.2020 AK