MUMTAZ KHAN Vs. ADDL DITRICT JUDGE JAUNPUR

JUDGEMENT

(1.) Heard Sri Sankatha Rai, Senior Advocate assisted by Sri V. K. Rai, for the petitioners. Various facts and questions have been raised in the present writ petition by the petitioners. The petitioners have approached this Court several times and on the basis of the statement made by the Standing Counsel before the Court in Writ Petition No. 21570 of 2003 decided on 22. 5. 2003 that the compensation in respect of plot no. 1591/2 has been paid and so far as plot no. 1593/2 is concerned, the same has not been acquired, therefore, the question of compensation does not arise. In such circumstances, the petitioners filed a civil suit before the competent court stating therein that this plot has been acquired and the compensation to that effect has not been paid to the petitioners. In the written-statement filed on behalf of the respondents this fact has been admitted that the land in dispute belonging to the petitioners has already been acquired and they are entered in the revenue record and the said plot has been absorbed in the road. In such a situation the civil court has held that this is a question under the Land Acquisition Act, therefore, the Civil Court has no jurisdiction. The revision filed by the petitioners has also been dismissed. Hence, the present writ petition. Issue notice to the respondents to file counter affidavit within two months. The petitioners will have two weeks thereafter to file rejoinder affidavit. List immediately after the expiry of the aforesaid period. In the mean time it is provided that in case the petitioners make an application on the basis of the relevant record attaching copy of the written statement filed by the State admitting the fact that the land belonging to the petitioners has already been acquired, District Magistrate is directed to look into the matter according to law. Further direction is issued to the District Magistrate to consider the application filed by the petitioners and will record a finding whether the land as stated by the petitioners has been acquired by the State or not. A specific finding to this effect be recorded on the basis of the material on record. A specific reply to that effect be filed with the counter affidavit filed by the District Magistrate within two months from the date of production of a certified copy of this order before him. .