High CourtsDivision Bench(2022) 05 AHC CK 0052

Vimal vs State Of U.P.Thru.Prin.Secy.Dep.Of Home Lko.And Others

Allahabad High Court · Decided on 23 May 2022

HON’BLE JUDGES
Devendra Kumar Upadhyaya, J · Subhash Vidyarthi, J
RESULT
Dismissed
CASE NUMBER
Writ-C No. 2926 Of 2022

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Judgment

5 paragraphs · 188 words

Heard learned counsel for the petitioner as well as learned State Counsel.

By means of this writ petition a prayer has been made to issue a direction to the Additional District Magistrate (L.A.), Lucknow to pay compensation of trees which is said to be pending before him.

When we peruse the writ petition, we find that the necessary pleadings have not been brought on record such as when was the acquisition of the land over which the trees belonging to the petitioner allegedly stood or are standing, was made. The petitioner has also not disclosed as to whether after statutory notification under the law relating to compulsory acquisition award was made or not. There is nothing on record even to infer as to whether the land actually belonging to the petitioner or is taken by the State through private negotiations.

In absence of the adequate pleadings, prayer made by the petitioner in this writ petition cannot be determined.

The writ petition is thus dismissed. However, notwithstanding dismissal of the writ petition it will be open to the petitioner to institute a fresh petition with appropriate and adequate pleadings.