SURYA PRAKASH PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner in this writ petition is seeking a direction in the nature of mandamus to the respondents to onsider his claim for appointment on a Class IV post on the ground that his land has been acquired for the establishment of Narendra Deo Agricultural University Kumarganj, Faizabad.

(2.) IN support of his claim the petitioner has placed reliance upon a G.O. dated 9.11.2005 (Annexure -2 to the writ petition). In paragraph 3 of the writ petition it is stated by the petitioner that for the purposes of University the land bearing Gata No. 68 area 1 Bigha 1 Biswa and 10 dhoor of the petitioner's father and his brothers was acquired and therefore he is entitled for appointment.

(3.) SHRI Manik Sinha, learned counsel for the University on the other hand has placed reliance upon a decision of the Full Bench Ravindra Kumar Vs. District Magistrate,2004 4 ESC 354 wherein the Court has held that all such G.O. which provides for appointment to the persons whose land has been acquired is in violation of the provisions of Section 23 of the Land Acquisition Act 1894. The relevant paragraphs 9, 11, 21, 22 and 25 of the said judgment read as under: