Nirpat Singh Yadav v. State of U.P. and 3 Others

Court No. - 21 Case :- WRIT - C No. - 34910 of 2023 Petitioner :- Nirpat Singh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amod Pandey,Satyendra Kumar Mishra Counsel for Respondent :- CSC,Sunil Kumar Misra Hon'ble Manoj Kumar Gupta,J. Hon'ble Donadi Ramesh,J.

¶1On oral prayer made by counsel for the petitioner, he is permitted to correct the description of respondent no. 3 in the cause title.

¶2The instant petition has been filed praying for a writ of mandamus commanding the respondents to release land of Gata No. 299, measuring 12 biswa, or pay compensation for the said land at circle rate and decide the representation of the petitioner dated 25.7.2023 made in this behalf.

¶3The case of the petitioner is that although the aforesaid land was acquired under the provisions of the U.P. Avas Evam Vikas Adhiniyam, 1965, the petitioner has not been paid compensation for the same. The case of the petitioner is that over the said land, there exists his abadi and therefore, he is entitled to release of the same, as has been done in case of one Kaushalendra Shukla, in pursuance of decision taken by the Board in its meeting dated

31.5.2016.

¶4Sri S.K. Misra, learned counsel appearing on behalf of U.P. Avas Evam Vikas Parishad, states that the claim of the petitioner will be considered within such time as may be directed by this court.

¶5Accordingly, without expressing any opinion on merits, the petition is disposed of with direction to the Housing Commissioner, U.P. Avas Evam Vikas Parishad, Lucknow, to decide the claim of the petitioner for release of his land aforesaid, or for payment of compensation within a period of twelve weeks from the date of communication of the instant order along with a fresh representation. (Donadi Ramesh, J.) (Manoj Kumar Gupta, J.) Order Date :- 30.10.2023 Jaideep/- High Court of Judicature at Allahabad