LAWS(SC)-2004-12-65

STATE OF U P Vs. MANOHAR

Decided On December 15, 2004
STATE OF UTTAR PRADESH Appellant
V/S
MANOHAR Respondents

JUDGEMENT

(1.) 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 appellants without payment of any compensation and further that the appellants had put up building and structures on the land sometime in 1955 and that despite repeated appeals made by him nobody was prepared to pay compensation. He enclosed along with the writ petition a letter no.73/S.T.D.M-91 dated 9/10-4-91 written by the Collector, Azamgarh to the Special Land Acquisition Officer, Azamgarh to the following effect :

(2.) This was replied to by the Special Land Acquisition Officer by his letter dated 5-8-91 in which he says thus:

(3.) The grievance of the respondent before the High Court was that his name was high-handedly deleted from the revenue record and the revenue record thereafter showed the name of the appellants. He was dispossessed from the land and no compensation was paid, nor were any steps taken in law for acquiring the land. The respondent demanded an amount of Rs.10 lakhs as compensation with interest from the date of dispossession.