Neutral Citation No. - 2025:AHC:35926-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.58) Court No. - 21 Case :- WRIT - C No. - 4885 of 2025 Petitioner :- Man Singh Alias Monu Bhati And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Kant Mishra Counsel for Respondent :- Anjali Upadhya,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition is as follows: "Issue a writ order or direction in the nature of MANDAMUS declaring the entire acquisition proceedings stood lapsed by virtue of Section 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 30 of 2013) in respect of Khasra No.145 area 1.1755 hectare and Khasra No. 176 area 0.0445 hectare of the Revenue Village-Sakipur, Tehsil-Sadar, District-Gautam Budh Nagar." 2. The case of the petitioners is that they are co-sharers, having 1/2 share, in the subject land. The other co-sharers Keshi, had approached this Court by means of Writ C No. 12706 of 2024 for the same relief in respect of his share. In the said petition, after inviting counter affidavit and having regard to the stand taken therein, the Court vide judgement and order dated 03.12.2024 held that the acquisition proceedings had lapsed. As such the instant petition is covered by the said judgement. 3. On 19.02.2025, the following order was passed: "1. The submission is that the petitioners have half share in the subject land. In respect of other half share, Writ C No. 12706 of 2024 filed by the co-sharers, has been allowed by judgement dated 03.12.2024. 2. Ms. Anjali Upadhyay, counsel for the Development Authority is granted time to obtain instructions. 3. Put up this matter on 11.03.2025 as a fresh case. " 4. Sri Kaushalendra Nath Singh, learned counsel for the respondent Development Authority does not dispute that the petitioners have half share in the land in respect of which Writ C No. 12706 of 2024 was filed by Keshi and was allowed. He states that he has been instructed to obtain time to file counter affidavit in the instant case. 5. The operative part of the judgement and order dated 03.12.2024 in the previous writ petition; is extracted below: "11. The Act of 2013 has came into effect from 01.01.2014 and no award has been passed with respect to land in question of the petitioner within twelve months nor the possession has been taken. After the commencement of the new Act no award has been passed with respect to the land in question despite the fact that there was no stay order by any court of law, thus, the proceedings have lapsed as the award was not made in respect to land in question within twelve months from date of commencement of the new Act. Thus, we hold that the acquisition with respect to the land in question of the petitioner has lapsed. 12. The respondents are directed to mutate the name of the petitioner with respect to the land in question in the revenue records in place of respondent no. 4 within four weeks from the date of the receipt of the true attested copy of the instant order. However, it shall be open for the respondents to initiate fresh acquisition proceedings in accordance with law with respect to the land in question. 13. The writ petition is allowed to the aforesaid extent." 6. As it is not disputed before us that the petition filed by co-sharer has already been allowed after inviting counter affidavit and therefore, we decline to adjourn the matter. 7. We are of the considered opinion that the petitioners who have other half share in the same land and are identically situated, would be covered by the judgement dated 03.12.2024 in Writ C No. 12706 of 2024. 8. Accordingly, the instant petition stands disposed of in same terms. Order Date :- 11.3.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad