- (1.) THE prayer of the petitioner is to command the Respondent to decide the question of payment of com pensation in respect of his land measuring 1. 10. Acres of data Nos. 116 and 113, situated in village Himmatpur Bakuchia, Tehsil Gyanpur, District Bhadohi alias Sant Ravidas Nagar on the grounds, inter alia that even though the said land was acquired by Respondent Nos. 2 and 3 after duly complying with the provisions as con tained in Sections 4 and 6 of the Land Acquisition Act, but no compensation has been paid to him kill date, despite moving of several applications and hence this writ petition.
(2.) SRI N. B. Shukla, learned counsel appearing on behalf of the petitioner con tended that the facts asserted to by the petitioner be accepted as true and the desired relief be granted as despite grant of repeated opportunities to the Respon dents to the file counter-affidavit they have failed to do so. Sri Vishjnu Pratap, the learned counsel, appealing on behalf of the Respondents, on the other hand, con tended that from the documents appended to the writ petition it transpires that the lands in question were requisitioned under the provisions of U. P. Gramin Act, 1948 on the proposal of the Executive Engineer, Gyanpur Nahar Prakh and and no documentary evidence has been brought by the petitioner to show that his lands were acquired under the Land Acquisition Act and thus the petitioner is not entitled to the reliefs claimed for. From the documents appended to the writ petition it appears clear that the petitioner had also alleged discrimination stating that other persons have been given compensation in regard to their lands whereas he has been deprived and the pos session of his lands were taken for the purpose of construction of Canal.
(3.) ON 29-10-1998 the following order was passed by the Division Bench:- "petitioner, Ram Raj is alleged to have made same application on 27-2-1985 and several other subsequent applications before the authority concerned. The questions of fact are involved in this case. Sri Vishnu Pratap, learned standing coun sel, prays for and is granted three weeks time to file counter- affidavit. Rejoinder affidavit may be filed by Sri N. D. Shukla, learned counsel for the petitioner, within two weeks thereafter. The petition shall be listed for admission/final disposal in the week commencing 7-2-1998. " No counter-affidavit, however, was filed.;