Allahabad High Court
Sharda Prasad Modanwal @ Raju Gupta vs State Of U.P. And 2 Others on 17 November, 2020
Bench: Munishwar Nath Bhandari, Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- WRIT - C No. - 14984 of 2020 Petitioner :- Sharda Prasad Modanwal @ Raju Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Pandey Counsel for Respondent :- C.S.C. Hon'ble Munishwar Nath Bhandari,J.
Hon'ble Piyush Agrawal,J.
None appeared on behalf of the petitioner to pursue the case called twice in per-lunch session and therefore it was kept at 2.00 p.m. (post-lunch session) enabling the counsel to appear.
In view of the aforesaid, the writ petition could have been dismissed for want of prosecution, but pursuant to the direction of this Court, the learned Standing Counsel has produced the copy of the instructions to reflect that land occupied by the railway for construction of bridge does not belong to the petitioner rather railways.
The instructions sent to the learned Standing Counsel is taken on record.
The instructions sent to the learned Standing Counsel clearly indicates that two storied building was existing in Gata No. 713 and otherwise the detail explanation in reference to Gata No. 845/3 has also been given. It is to indicate that the allotment of land was made for a period of 30 years and that period expired in the year 2010 itself.
It is also stated that the land in Gata No. 845/3 was Nazool land, and no freehold right was given to the petitioner. So far as the Gata No. 713 is concerned, the clarification has been given that the said land exist in the name of railways.
In view of the explanation aforesaid, writ petition could have been decided on merit, however, without giving final word on the controversies, the writ petition is disposed of with liberty to the petitioner to seek demarcation of the land with proof of title. The demarcation can be sought by making application under Section 24 of the U.P. Revenue Code, 2006. On demarcation, if any part of the land belonging to the petitioner has been occupied by the railway, he would be at liberty to claim compensation thereupon only provided he can establish his title in the land because land of Gata No. 713 has been recorded in the name of the Railways.
The writ petition is disposed of with the direction above.
Order Date: 17.11.2020 Pkb/