Court No. - 35 Case :- WRIT - C No. - 4919 of 2010 Petitioner :- Mewa Lal & Ors. Respondent :- State Of U.P. & Others Petitioner Counsel :- K.S. Shukla Respondent Counsel :- C.S.C. Hon'ble Vineet Saran,J.
Hon’ble Ran Vijai Singh,J.
On 2.2.2010 this Court has passed the following order.
Heard learned counsel for the parties.
Possession of certain land of the petitioner was allegedly taken without
acquisition in Village Mauja Mahadev Jharkhandi Tahsil and District
Gorakhpur and utilised by the Government but till date compensation has not
been paid despite a direction of the Executive Engineer dated 20th May,
2009.
If the aforesaid facts are correct, the respondent nos. 2 and 3 are directed to
make payment and file an affidavit to that effect, or else they may file a
counter affidavit by the next and also produce the record.
It is stated that though the case was listed earlier also but it could not be taken
up. Today in the revised list, when this case is taken up, learned standing
counsel appearing for the respondents prays for and is granted two weeks’
further time and no more to file counter affidavit or comply with the order
dated 2.2.2010
In the facts and circumstances of the case, admittedly the land of the
petitioner has been taken and no compensation has been paid. After filing of
the writ petition, the respondents have not filed counter affidavit from more
than five months. It is thus directed that the respondent no. 2 (Collector
Chandauli, District Chandauli) shall file his personal affidavit explaining the
reasons for non compliance of this Court order within two weeks.
List on 30th July, 2010.
Order Date :- 16.7.2010
Pratima