Javaid Iqbal and Another v. State of U.P. and 2 Others

Court No. - 40 Case :- WRIT - C No. - 28305 of 2023 Petitioner :- Javaid Iqbal and another Respondent :- State Of U.P. and 2 Others Counsel for Petitioner :- Zafeer Ahmad Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard Sri Zafeer Ahmad, learned counsel for the petitioners and Sri Devansh Rathore, learned Additional Chief Standing Counsel for the State respondents.

¶2Present writ petition has been preferred for following relief:- "(i) Issue a writ, order or direction in the nature of mandamus directing/ commanding the respondents to decide the representation dated 25.2.2023 of petitioners with inquired the matter in regarding the petitioners land as Arazi Nos.130 and 138 Village-Lalpur Hameer, Pargana-Kundarki, Tehsil Bilari, District Moradabad are within the limit to circle of 200 meter from the Abadi and ensure to the petitioners to execute the sale deed as per the rate of Abadi Circle rate and also the same circle rate paid consideration alongwith benefit of Road side lands;"

¶3On the matter being taken up on 22.8.2023, the Court has proceeded to pass the following order:- "1. As per information supplied to the petitioner under the Right to Information Act, it is indicated that certain portion of Plot No. 130 and 138 are to be acquired for the construction of Canal. However, neither that land has been identified or demarcated nor any compensation has been paid out.

¶2Learned Additional Chief Standing Counsel prays for and is granted ten days time to obtain clear written instructions that may clearly establish which portion of the petitioners' land is to be acquired and what steps have been taken for that purpose.

¶3Put up as fresh on 12.09.2023."

¶4In response to the aforesaid order, Shri Devansh Rathore, learned Addl. Chief Standing Counsel has placed the detailed instructions dated 20.09.2023 sent by the Sub Divisional Magistrate, Bilari, which is taken on record. On the basis of instructions, he submits that the spot inspection has been carried out in the presence of Sub Divisional Magistrate, Billari and the Tehsildar Bilari and the same has also been approved by the D.G.C. (Civil) Moradabad. For ready reference, the said inspection report is reproduced hereunder:-"1-

ककरकरलरउपजजलकजधककररबबलकररककपतकतकसत०167/गतगकनकज-3/

अग०बद०02-05-

ममगकमलकलपपरहमररककगकटकसत०130

बमनजपमलकवगकटकसत०138

ककवकसतबवक

सससबतककसतबतधममजकजचकरकईगईऔरजकजचककसमरजसतचकईबवभकगककअजधककररगण

कमरचकररममककपरउपसससतसक।गकटकसत०130

रकबक1.611

हक०भभबमममककपरअमरदकक

बकगहह।ममककपरगकटकसत०130

परएकगकटलगकहहवगकटकसत०138

रकबक0.380

हक०भभबम

ममककपरखकलरपडरहहजजसवततलकलपपरहमररसकरसतमरसकरजलकमकगरपरससकबपतहह

तसकआबकदरसकदभरहह।"

¶5In this backdrop, learned Addl. Chief Standing Counsel submits that highly disputed facts have been urged herein this writ petition. On the basis of instructions, he submits that the claim set up by the petitioner is unsustainable as the facts are otherwise and as such no interference is required in the matter.

¶6Considering the facts and circumstances of the case as well as the categorical instructions, we are not inclined to adjudicate the matter at this stage. Needless to say, the petitioners may approach the concerned Sub Divisional Magistrate, who shall look into, examine and redress the grievance of the petitioners as per law expeditiously. Writ petition is dispose of. Order Date :- 22.11.2023 Vikram High Court of Judicature at Allahabad