Krishan Kumar and 10 Others v. State of U.P. and 3 Others

Court No. - 21 Case :- WRIT - C No. - 35869 of 2023 Petitioner :- Krishan Kumar And 10 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahendra Pratap Counsel for Respondent :- C.S.C.,Mahesh Narain Singh,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. Order Date :- 2.11.2023 Mukesh Kr. (Donadi Ramesh,J.) (Manoj Kumar Gupta,J.) High Court of Judicature at Allahabad