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2025 DAILYLAW 110897 (ALL)

RISHIPAL v. BUDDHA @ BUDHA

A227/15899/2024 · 2025-02-11

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19468 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 15899 of 2024 Petitioner :- Rishipal Respondent :- Buddha @ Budha Counsel for Petitioner :- Krishna Dev Mishra Hon'ble Rohit Ranjan Agarwal,J. Pursuant to the order dated 27.01.2025, the Collector, Gautam Budh Nagar is present in the Court today who is identified by Sri Sanjay Kumar Singh, learned Additional Chief Standing Counsel. An exemption application along with affidavit has been filed today, which is taken on record. According to affidavit, it is clear that the objections filed by the petitioner was decided by order dated 06.12.2024 and thereafter compensation of the land in question has been paid to the respondent-Buddha @ Budha after taking surety bond. Learned Additional Chief Standing Counsel submits that the order passed by the ADM, Land Acquisition has not been challenged in the writ petition, and only a writ of mandamus has been sought for directing the ADM, Land Acquisition to transfer the case to the competent Court. According to him, once the objections have already been decided by ADM, Land Acquisition, writ petition has become infructuous. After hearing counsel for the parties and perusing the material on record, I find that there is no challenge to the order passed by the ADM, Land Acquisition and only a mandamus has been sought for transferring the matter to the competent Court. Once, the matter has already been decided by the competent authority and there is no challenge to the order dated 06.12.2024, writ petition has become infructuous and the same stands dismissed, leaving it open to the petitioner to assail the order passed by the ADM, Land Acquisition before appropriate forum. Personal appearance of the Collector, Gautam Budh Nagar is exempted. Order Date :- 11.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad