SWAMI NATH Vs. STATE

JUDGEMENT

(1.) Counter Affidavit and Rejoinder Affidavit have been exchanged between the parties. The Writ Petition is being disposed of with the consent of the learned counsel for the parties at this stage.

(2.) The present Writ Petition has been filed by the Petitioner under Article 226 of the Constitution of India, inter-alia, praying for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to pay the due compensation along with interest since 1968 to the Petitioner for the construction of the Link Road (Lalganj Tarwa Road in District Azamgarh) on the Petitioner's Plot No. 329/2, area 0.080 Kari and Plot No. 351/2, area 0.156 Kari, new number whereof is 112.

(3.) The case of the Petitioner is that the plots in question, namely Plot No. 329, area .080 Kari and Plot No. 351/2, area 0.156 Kari (New No. 112), were recorded in the name of the father of the Petitioner namely Naresh, son of Ananti with other co-sharer Antu and, thus, the share of the father of the Petitioner was 1/2. The father of the Petitioner died in December, 1982, whereupon the Petitioner became entitled to 1/4th share in the aforesaid Plot.