MADHAV PRASAD GOENKA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) Petitioner has prayed for a writ of mandamus directing the respondents No. 2 and 3 to re-deliver possession of premises No. CK 32/18, Goenka Bhawan, Gyanvapi, Varanasi to the petitioner alongwith arrears of compensation.

(3.) The aforesaid property was requisitioned under the U.P. Accommodation Requisition Act, 1947 for the office of the Chief Executive Officer, Kashi Vishwanath Mandir Board by order, dated 18.11.1985 (Annexure '1' to the writ petition). Earlier, on 22.8.1985, a show cause notice was given to the petitioner, vide Annexure '2' to the writ petition. The petitioner filed an objection, dated 10.9.1985, vide Annexure '3' to the writ petition. The petitioner thereafter submitted on 24.10.1985 the proposed terms and conditions for acquisition, vide Annexure '4' to the writ petition. However, it is alleged in para '5' of the petition that respondent No. 3 unilaterally fixed the terms and conditions. The petitioner on 17.12.1985 filed objection regarding the quantum of compensation which was fixed at Rs. 1000/- per month vide Annexure '5' to the writ petition. Another objection, dated 29.1.1986 is Annexure '6' to the writ petition. Petitioner made various representations claiming certain amounts but to no effect. Hence this writ petition.