- (1.) The land of the petitioner has been taken over by the respondents for construction of road without resorting to any procedure under the law. Being aggrieved by such action of the respondents, the petitioner has filed this writ petition with the prayer for issuing a writ in the nature of mandamus commanding the respondents not to dispossess the petitioner from his "bhumidhari" land and in the alternative, to award compensation along with interest as per the present value of the land.
(2.) We have heard Sri Amrendra Pratap Singh along with Sri Triloki Singh, learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents. Pleadings between the parties have been exchanged and with their consent, this writ petition is being disposed of at this stage.
(3.) The case of the petitioner has by and large been admitted by the respondents in their counter affidavit wherein, in paragraph 4, it has been stated that for construction of approach road connecting the bridge made over river "Tons", the land of various tenure holders was taken and in 20% of the cases, with consent of the tenure holders. What is surprising is that in the said paragraph the respondents state that "the tenure holders including the petitioner were informed on 13.9.2010 that compensation at market circle rate would be paid to them. Out of plot nos. 23 (273) and 276 of the petitioner 0.068 + 0.023 = 0-091 hectare land has been taken by consent of the petitioner and a cheque of Rs. 40,950/- at the present circle rate was offered to the petitioner which he refused to accept." Photocopy of the cheque dated 15.3.2012, said to have been tendered to the petitioner, has been filed as Annexure-C.A.1; a list of tenure holders who have accepted the compensation at the circle rate has been filed as Annexure-C.A. 2; and some sale deeds executed by the tenure holders in favour of the State-respondents have been filed as Annexures-C.A. 3, 4, 5 and 6.;