RADHA KRISHAN Vs. COMPENSATION OFFICER MEJA ALLAHABAD

JUDGEMENT

(1.) THIS is a writ application under Article 226 of the Constitution in the following circumstances:

(2.) SHEO Garul Ram Pande died in 1925, leaving a widow and two daughters-in-law, one of whom is still alive. The zamindari property, which he left and over which the names of his widow, opposite-party 2, and daughter-in-law, opposite party 3, stand mutated, vested in the Government in view of the provisions of the U. P. Zamindari Abolition and Land Reforms Act, 1951. Compensation for the zamindari property is to be paid. Under the orders of the Compensation commissioner the amount is to be paid to opposite-parties 2 and 3. The applicant claims to be one of the sons of one of the two daughters left by Sheo Ram Pande. He at first filed an objection before the Compensation Officer to the payment of compensation to the opposite-parties 2 and 3. The objection was rejected by the Compensation Officer relying on the instructions issued from the Compensation Commissioner. He now files this application.

(3.) IT is contended for the applicant that under Section 69, Zamindari Abolition Act the compensation Officer is to deposit the compensation payable to a limited owner with such authority or bank as he prescribed, notwithstanding anything contained in any law but subject to any general directions that the State Government may give. The State Government made rules under this Act and R. 84 lays down that the compensation due to a limited owner shall be deposited for or on behalf of such person with the Imperial Bank of India and in the districts where there are no branches of the said bank with any scheduled bank as may be selected by the compensation Commissioner. It is submitted that in view of this rule the Compensation Officer is bound to deposit the amount with one of the banks mentioned in R. 84 and that it is not open to him to pay the amount direct to the person entitled to it.