SURSATI Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2020-1-620
HIGH COURT OF ALLAHABAD
Decided on January 22,2020

SURSATI Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

RAVI NATH TILHARI,J. - (1.) Heard Sri Ajay Kumar Singh, learned counsel for the petitioner, learned Standing Counsel for Respondent Nos. 1 to 5 and Sri Devendra Kumar, learned Counsel for National Highways Authority of India, Respondent No.6.
(2.) The petitioner has filed this petition for the following main reliefs:- "(A) Issue an appropriate writ order or direction in the nature of mandamus commanding the respondents and directing them (specially respondent No.3 and 5) to decide the claim of the petitioner regarding to ensure the payment of compensation with respect of Arazi No. 535 area 0.0580 hectare which is acquisition the land of the petitioner. (B) Issue an appropriate writ order or direction in the nature of mandamus commanding the respondents and directing them to decide the representation of the petitioner within stipulated period, which is pending before the respondent No.3 and 5 since 24th February, 2018."
(3.) Facts of the case are that one Smt. Ram Dulari widow of late Pataru son of Sugriv executed a sale deed dated 21.1.2016 in favour of petitioner for an area of 0.430 hectare out of 0.05804 hectare of gata No. 535 situated in Mauja Pirthipur, Pargana Pachotar, District Ghazipur. On the basis of the said sale deed the petitioner's name was recorded as Bhumidhar in the revenue records on 11.3.2016. Later on, the petitioner acquired knowledge that the land of gata No. 535, purchased by her had already been acquired vide notification under Section 3D of the National Highways Act, 1956. In the notification annexed as Annexure No.3 the name of the original land holder was mentioned in Column 34. The petitioner filed many applications for correction of her name in place of the name of transferor and for payment of compensation for the acquired land to the petitioner in view of the sale deed but the payment has yet not been made.;


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