Ram Lakhan Pappu v. Bhulla), which was pending till the filing of the writ petition

पक-11, which was also challenged by the petitioner by initiating another proceeding being Case No. 122 (S)/2007 (Ram Lakhan @ Pappu vs. Bhulla), which was pending till the filing of the writ petition.

3. In the meantime, in the year, 2018 the land in dispute was acquired by the respondent no.2- NHAI. Thereupon, the petitioner herein moved an application before the respondent no.2 informing all the litigations pending between the parties with regard to determination of their share in property in question due to the dispute with regard to succession of share of their uncle Bhulla. The respondent no.3 also moved an application for claiming the compensation for the entire share of said Bhulla, wherein he allegedly concealed that no litigation is pending with regard to share of said Bhulla. Again in the year, 2019, the petitioner moved an application not to make the payment of compensation in favour of the respondent no.3 with regard to share of Bhulla. Vide impugned order the Competent Authority has held that so far as 1/3rd share of the petitioner and respondent no.3 in the aforesaid property there is no dispute. The dispute between the parties is only with regard to the share of their uncle Bhulla. At the most the right to receive the compensation by the petitioner is to the extent of 1/6th share in the property out of the 1/3rd share belonging to Bhulla.

4. In view thereof, the Competent Authority realizing that at the most the claim of the petitioner herein is limited to the extent of 1/6th share in the property out of the share of Bhulla. Thus, there is no dispute that the respondent no.3 being the nephew of said Bhulla is also entitled even as per the petitioner to the 1/6th share. Thus, the application of the respondent no.3 for payment of compensation to the extent of 1/3rd share belonging to the respondent no.3 and 1/6th share from the share of Bhulla i.e., total 1/2 share in the entire property was allowed and as the same was undisputed even by the petitioner. For the remaining 1/6th share in the entire property which belongs to Bhulla, the issue was kept pending, due to the pendency of the litigation and determination. Subsequently, vide order dated 21.01.2023 passed by the Naib Tehsildar, the earlier order dated 08.06.2005 was set aside whereby the name of the respondent no.3 was entered over the entire share of said Bhulla and it was held that the petitioner and the respondent no.3 both are entitled for 1/6th share in the aforesaid land in question from the share of Bhulla. Accordingly, the name of the petitioner was also entered in the revenue records with regard to the share of Bhulla in the property equally alongwith the respondent no.3.

5. Case of the petitioner is that by order dated 21.01.2023, the name of the petitioner has been directed to be mutated in the revenue records. He thereafter filed an application for payment of compensation to him but still the compensation has not been paid. It is urged that the Competent Authority be directed to decide the application filed in this behalf dated 14.03.2023.

6. Counsel for the petitioner further states that the first prayer made in the writ petition for quashing of decision of the Competent Authority is not being pressed as the said prayer appears to have been made under some misconception inasmuch as the order of the Competent Authority is in favour of the petitioner.

7. Learned Standing Counsel submits that the Competent Authority will decide the application of the petitioner dated 14.03.2023 within such time as may be directed by this Court.

8. Accordingly, without expressing any opinion on merits the writ petition is disposed of with direction to the Competent Authority to take decision on the application dated 14.03.2023 within eight weeks from the date of communication of the instant order alongwith photocopy of the application after hearing all concerned. Order Date :- 13.2.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) SHUBHAM ARYA SHUBHAM ARYA High Court of Judicature at Allahabad High Court of Judicature at Allahabad

पक-11, which was also challenged by the petitioner by initiating another proceeding being Case No. 122 (S)/2007 (Ram Lakhan @ Pappu vs. Bhulla), which was pending till the filing of the writ petition.

3. In the meantime, in the year, 2018 the land in dispute was acquired by the respondent no.2- NHAI. Thereupon, the petitioner herein moved an application before the respondent no.2 informing all the litigations pending between the parties with regard to determination of their share in property in question due to the dispute with regard to succession of share of their uncle Bhulla. The respondent no.3 also moved an application for claiming the compensation for the entire share of said Bhulla, wherein he allegedly concealed that no litigation is pending with regard to share of said Bhulla. Again in the year, 2019, the petitioner moved an application not to make the payment of compensation in favour of the respondent no.3 with regard to share of Bhulla. Vide impugned order the Competent Authority has held that so far as 1/3rd share of the petitioner and respondent no.3 in the aforesaid property there is no dispute. The dispute between the parties is only with regard to the share of their uncle Bhulla. At the most the right to receive the compensation by the petitioner is to the extent of 1/6th share in the property out of the 1/3rd share belonging to Bhulla.

4. In view thereof, the Competent Authority realizing that at the most the claim of the petitioner herein is limited to the extent of 1/6th share in the property out of the share of Bhulla. Thus, there is no dispute that the respondent no.3 being the nephew of said Bhulla is also entitled even as per the petitioner to the 1/6th share. Thus, the application of the respondent no.3 for payment of compensation to the extent of 1/3rd share belonging to the respondent no.3 and 1/6th share from the share of Bhulla i.e., total 1/2 share in the entire property was allowed and as the same was undisputed even by the petitioner. For the remaining 1/6th share in the entire property which belongs to Bhulla, the issue was kept pending, due to the pendency of the litigation and determination. Subsequently, vide order dated 21.01.2023 passed by the Naib Tehsildar, the earlier order dated 08.06.2005 was set aside whereby the name of the respondent no.3 was entered over the entire share of said Bhulla and it was held that the petitioner and the respondent no.3 both are entitled for 1/6th share in the aforesaid land in question from the share of Bhulla. Accordingly, the name of the petitioner was also entered in the revenue records with regard to the share of Bhulla in the property equally alongwith the respondent no.3.

5. Case of the petitioner is that by order dated 21.01.2023, the name of the petitioner has been directed to be mutated in the revenue records. He thereafter filed an application for payment of compensation to him but still the compensation has not been paid. It is urged that the Competent Authority be directed to decide the application filed in this behalf dated 14.03.2023.

6. Counsel for the petitioner further states that the first prayer made in the writ petition for quashing of decision of the Competent Authority is not being pressed as the said prayer appears to have been made under some misconception inasmuch as the order of the Competent Authority is in favour of the petitioner.

7. Learned Standing Counsel submits that the Competent Authority will decide the application of the petitioner dated 14.03.2023 within such time as may be directed by this Court.

8. Accordingly, without expressing any opinion on merits the writ petition is disposed of with direction to the Competent Authority to take decision on the application dated 14.03.2023 within eight weeks from the date of communication of the instant order alongwith photocopy of the application after hearing all concerned. Order Date :- 13.2.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) SHUBHAM ARYA SHUBHAM ARYA High Court of Judicature at Allahabad High Court of Judicature at Allahabad