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2025 DAILYLAW 109824 (ALL)

OMKAR AND 3 OTHERS v. State of U,P, AND 2 OTHERS

WRIC/40294/2024 · 2025-01-27

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13649-DB Court No. - 21 Case :- WRIT - C No. - 40294 of 2024 Petitioner :- Omkar And 3 Others Respondent :- State Of U,P, And 2 Others Counsel for Petitioner :- Pankaj Dubey,Rishu Mishra Counsel for Respondent :- Akhilesh Kumar Sharma,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The following prayers have been made in the instant petition:- "(i) Issue an appropriate writ, order or direction in the nature of mandamus not to interfere in the peaceful possession of the petitioners' land comprising of Gata No. 648 area 0.5870 Hect. situated at revenue Bhatta, Tehsil Sadar and District Gautam Budh Nagar. (ii) Issue an appropriate writ, order or direction in the nature of mandamus directing the respondent no. 3 to decide the application dated 10.11.2024 filed on 12.11.2024." 2. The case of the petitioners is that subject plot was never acquired and therefore, there was no occasion to offer payment of 64.7% as additional compensation, as is being done by respondent no. 3. 3. Tehsildar, Yamuna Expressway Industrial Development Authority has submitted written instructions dated 13.12.2024 in which it is admitted that the subject land was included in the proposal relating to additional compensation on account of clerical mistake. The same has been corrected by a corrigendum of 10.12.2024. Thus, it is admitted to respondent no. 3 that the subject land was not acquired and the offer made by it to the petitioners pertaining to additional compensation was on account of clerical mistake and the same has been corrected. 4. Accordingly, the petition is disposed of by providing that respondent no. 3 will not interfere in the possession of the petitioners over the subject land except in accordance with law. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 27.1.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad