PRAKASH PADIA,J. - (1.) Heard learned counsel for the petitioners, learned Standing Counsel for the respondent nos. 1 and 2 and Sri Suresh C. Dwivedi, learned counsel for the respondent no. 3.
(2.) The petitioners have preferred the present writ petition with the following prayers:- "(i) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2, Collector/District Magistrate, Kushinagar to consider the grievance of the petitioners, fixing the residential urban market circle rate on the acquire land Arazi No. 232 area 0.5080 hectare, Arazi no. 231 area 0.3080 hectare and Arazi no. 177 area 0.3160 hectare situated at Mauza Sohrauna, Tehsil Padrauna, District Kushinagar. (ii) issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 Collector/District Magistrate, Kushinagar to pay the compensation accordingly under the Land Acquisition Act, 1894 treating the acquired land Arazi no. 232 area 0.5080 hectare, Arazi no. 231 area 0.3080 hectare and Arazi no. 177 area 0.3160 hectare situated at Mauza Sohrauna, Tehsil Padrauna, District Kushinagar as residential urban area. (iii) issue a writ, order or direction in the nature of Mandamus directing the respondent no.2, Collector/District Magistrate, Kushinagar to consider and decide the representation of petitioners dated 07.12.2018 accordance with law. (iv) issue any other order or direction, which this Hon'ble Court may deems fit and proper under the facts and circumstances of the case. (v) award the cost of the petition."
(3.) Facts in brief as contained in the writ petition are that the petitioners are bhumidhars of Arazi Nos. 232, 231 and 177 area 0.5080 and 0.3160 hectare respectively. The aforesaid land of the petitioners was situated in Mauza - Sohrauna, Tehsil - Padrauna, District Kushinagar. The State Government issued notifications under section 4(1) of Land Acquisition Act, 1894 (hereinafter called as 'Act 1894') on 12.01.2010, which was followed by a notification under Section 6 of the Act of 1894 on 15.9.2010. The aforesaid notifications were issued for the purpose of construction of 'Navin Mandi'. By way of aforesaid notification land of the petitioners was also sought to be acquired.;