(1.) Heard Sri Piyush Mishra, learned Counsel for the petitioner, Ms. Samidha, learned Counsel for respondent Nos.2 and 3/NHAI, Sri Manish Mishra, learned Standing Counsel for respondent Nos.4 and 5 and Sri Aditya Kumar Tiwari, learned Counsel for respondent No.6.
(2.) By this petition under Article 226 of the Constitution, the petitioner is assailing the order dated 13.7.2018 passed by the Competent Authority/Additional District Magistrate (Finance and Revenue), District Ambedkar Nagar whereby the learned Authority decided the tile of land Gata No.210 situated at Village Hasanpur Sunthar, post Devipur, Pargana and Tehsil Tanda, District Ambedkar Nagar stating that the petitioner and respondent No.6 are having half share each of the aforesaid Gata and directed to make payment of compensation accordingly.
(3.) Learned Counsel for the petitioner has submitted that in case there is any dispute regarding entitlement or apportionment of compensation, then the Competent Authority is bound to refer the matter to the Civil Court for deciding it in accordance with law and he has no jurisdiction to decide the same. He further submitted that in all fairness, the learned Authority has to refer the matter to the Civil Court for deciding the issue in accordance with law and in not doing so, he has committed legal error in passing the impugned order and prayed for its quashment.