MAHESH CHANDRA TIWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Deepak Kumar Srivastava, learned counsel for the petitioners and Sri Abhishek Shukla, learned Additional Chief Standing Counsel appearing for the State respondents.

(2.) The present petition has been filed seeking issuance of a writ of mandamus directing the respondents to restrain the ongoing construction of a pond over Gata No. 14, Area 0.38 hectare, situate in Village Daudpur @ Murad Gaon, Tehsil Sadar, District Shahjahanpur, or, in the alternative, to pay appropriate compensation to the petitioners in respect of the said land.

(3.) As per the averments made in the writ petition, the competent authority had, upon due verification, granted a lease in favour of the petitioners in the year 1999, and the petitioners claim to have been in possession of the afore-said parcel of land since then. It is stated that respondent No. 4, the Gram Pradhan, commenced construction of a pond over the said plot, which the petitioners opposed. Notwithstanding such objections, the construction activities were continued.