9911796707
TMI Blog2004 (12) TMI 679X X X X Extracts X X X X X X X X Extracts X X X X ..... B.N. Srikrishna, J. The respondent filed a writ petition before the High Court of judicature of Allahabad seeking a writ of Mandamus to the appellant- State of Uttar Pradesh and its officers to determine the compensation in respect of his land bearing plot no. 3 Ka (0.29 acres), 4 (0.37 acres) and 3 kha (1.01 acres) in village Chakiya Bhagwanpur, Tehsil Lalganj, District Azamgarh, which, according to the respondent, had been taken away forcibly without following any process of law. It was the specific case of the respondent that he had been dispossessed from his land and the land had been taken by the appellants without payment of any compensation and further that the appellants had put up building and structures on the land somet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iven an application that his land no. 3ka, 3kaa, 4ka has not been acquired but during consolidation operation the Block Office being already in existence there, his name was deleted by the Department of consolidation. The copy of the intkhab Khatauni was verified from the papers preserved by the Record Room and the entries of the Khatauni were found to be correct. Even in the office there is no reference of any proposal for land acquisition. Thus from the records and circumstantial evidence it is evident that the land of Development Block, Lalganj has not been acquired and on the basis of the local position during consolidation operation the Asstt. Consolidation Officer stated the name of the office of Development Block in Records. Under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indicating that the land of the respondent had been taken over or acquired in any manner known to law or that he had ever been paid any compensation in respect of such acquisition. That the land was thereafter constructed upon, is not denied. Having heard the learned counsel for the appellants, we are satisfied that the case projected before the Court by the appellants is utterly untenable and not worthy of emanating from any State which professes the least regard to being a welfare State. When we pointed out to the learned counsel that, at this stage at least, the State should be gracious enough to accept its mistake and promptly pay the compensation to the respondent, the State has taken an intractable attitude and persisted in opposin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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