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2025 DAILYLAW 154439 (ALL)

AARYAV GUPTA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

WRIB/703/2025 · 2025-07-29

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43869 Court No. - 5 Case :- WRIT - B No. - 703 of 2025 Petitioner :- Aaryav Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Kuldeep Singh,Hashim Ali Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J. 1. Heard learned counsel for the petitioner as well as learned Standing Counsel for the respondents no. 1 to 4 and Shri Pankaj Gupta, learned counsel for Gan Sabha- respondent no.5. 2. The petitioner is aggrieved with regard tot he orders dated 9.3.2023 and 23.11.2022 passed by the Board of Revenue as well as Sub Divisional Magistrate, Dadri, District Gautam Budh Nagar. 3. It has been submitted by learned counsel for the petitioner that the petitioner is a tenure holder with transferable right of land Khata No. 05, Khasra No. 504 area 0.3420 hectare, situated at Village Rupwas, Pargana and Tehsil Dadri, District Gautam Budh Nagar, which was purchased by the petitioner by means of registered sale deed. After purchasing the said land the land has been mutated in the name of the petitioner. 4. It has been submitted by learned counsel for the petitioner that presently agricultural work is being conducted on the said land. The petitioner proposes to change the land from agriculture to non-agriculture and accordingly moved an application under Section 80 of U.P. Revenue Code, 2006 before the Sub Divisional Magistrate, Tehsil Dadri, District Gautam Budh Nagar. The Sub Divisional Magistrate, concerned by means of the order dated 23.11.2022 has held that the land of the petitioner falls within the notified area under the Greater Noida, Development Authority and consequently the petitioner was required to obtain a 'No Objection Certificate' from the Industrial Development Authority as prescribed under Section 63 (8) of the U.P. Revenue Code. It was clearly state that the petitioner has not filed 'No Objection Certificate' along with application and accordingly, hence the application for change of land, cannot be considered. 5. Against the order dated 23.11.2022, the petitioner filed a revision before the Board of Revenue, which has been rejected by means of the impugned order dated 09.03.2023 on the ground of limitation. When a pointed query has been made to the petitioner as to whether he has obtained 'No Objection Certificate' from Greater Noida, Development Authority, it was unequivocally stated that he has not obtained any 'No Objection Certificate' and accordingly after arguing the matter at some length, he submits that he may be permitted to obtain 'No Objection Certificate' from the Greater Noida Development Authority and apply for grant of 'No Objection Certificate' and in case certificate is granted, he would approach the Competent Authority under Section 80 of the U.P. Revenue Code afresh with an application for change of nature of the said land. 6. In the aforesaid circumstances, liberty is granted to the petitioner to approache the Greater Noida, Development Authority and seeks 'No Objection Certificate' and in case 'No Objection Certificate' is granted the petitioner will be at liberty to move an application under Section 80 of the U.P. Revenue Code, before the Competent Authority, which shall be considered without being influenced by the orders dated 09.03.2023 and 23.11.2022. 7. With the aforesaid observations, the petition stands disposed of. . (Alok Mathur, J.) Order Date :- 29.7.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench