Allahabad High Court
Jagdeep Singh vs State Of U.P. & Others on 8 January, 2010
Bench: Devendra Pratap Singh, Jayashree Tiwari
Court No. - 35 Case :- WRIT - C No. - 660 of 2010 Petitioner :- Jagdeep Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- I.N. Singh,Ajay Yadav Respondent Counsel :- C.S.C.,Ramendra Pratap Singh Hon'ble Devendra Pratap Singh,J.
Hon'ble Mrs. Jayashree Tiwari,J.
Heard counsel for the petitioner and the learned Standing Counsel for respondent nos. 1 and 3 and Sri Ramendra Pratap Singh for respondent no.2.
It is contended that though the dispute land belonging to the petitioner has been notified under section 4 and 6 read with section 17 of the Land Acquisition Act, the possession has yet not been taken. It is further contended that the petitioner has a dwelling unit over the disputed land and therefore, the respondents ought to have exempted the said land. It is also stated that the petitioner has already preferred a representation dated 24.7.2008 before respondent no. 3 but no action is forthcoming and even compensation has not been paid.
Sri Ramendra Pratap Singh has produced a possession memo dated 11.10.2008 to show that the possession of the land has been handed over by the State authorities to the respondent no.2 and therefore the land has already vested in it and it cannot be exempted. However, he states that so far as the other relief is concerned, the representation may be decided by the appropriate authorities.
In view of the aforesaid, this writ petition is finally disposed off with a direction to the respondent no.3 to consider the claim of the petitioner raised before it through representation dated 24.7.2008 and take a reasoned decision within a period of two months from the date of submission of a certified copy of this order.
It is clarified that the Court has not examined the merits of the claim of the petitioner.
Subject to the aforesaid direction, this writ petition is finally disposed off.
Order Date :- 8.1.2010 AU/Monika