Ranjiv Malhotra and 11 Others v. State of U.P. and 3 Others

Court No. - 21 Case :- WRIT - C No. - 36201 of 2023 Petitioner :- Ranjiv Malhotra And 11 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahendra Pratap Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey Hon'ble Manoj Kumar Gupta,J. Hon'ble Donadi Ramesh,J.

¶1Heard Shri Mahendra Pratap, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Shri J.N. Maurya, learned counsel for respondent No.4.

¶2The petitioners feeling aggrieved by order dated 4.5.2022 passed by respondent No.3 on their application u/s 28-A of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') have preferred the instant petition.

¶3Under sub-section (3), a person aggrieved by an award under sub-section (2) is conferred with right to seek reference to the Court for determination of the dispute by filing a written application to the Collector.

¶4Counsel for the petitioners submits that in similar facts and circumstances, this Court in Writ C No.37519 of 2022 (Sabir Ali and 4 others vs. State of U.P. and 3 others) had given liberty to the petitioner of that case to move application before the Collector and seek reference u/s 28-A(3) of the Act.

¶5Accordingly, the instant petition is also disposed of in same terms. It shall be open to the petitioners to seek reference in terms of Section 28-A(3) of the Act by moving appropriate application before the Collector within two weeks from today and in which event he shall proceed in the matter, in accordance with law. (Donadi Ramesh, J.) (Manoj Kumar Gupta, J.) Order Date :- 18.10.2023 SL High Court of Judicature at Allahabad