Neutral Citation No. - 2025:AHC:124194-DB Court No. - 29 Case :- WRIT - C No. - 57797 of 2011 Petitioner :- Dharamveer And Others Respondent :- State Of U.P. Thru The Secy. And Others Counsel for Petitioner :- Anil Tiwari,Jaswant Singh,Vivek Kumar Yadav Counsel for Respondent :- Suresh Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. Re; Civil Misc. Withdrawal Application No.17 of 2023 1. List revised. 2. None appears on behalf of the applicants/petitioners to press this application. 3. Heard Ms. Uttara Bahubuna, learned Additional Chief Standing Counsel appearing for the State respondents and Sri Suresh Singh, learned counsel for Yamuna Expressway Industrial Development Authority 4. The instant withdrawal application has been filed on behalf of petitioner no.1/1, Ravindra Kumar son of late Dharamveer to dismiss the writ petition as withdrawn. 5. Ms. Uttara Bahubuna, learned Additional Chief Standing Counsel appearing for the State respondents and Sri Suresh Singh, learned counsel for Yamuna Expressway Industrial Development Authority have no objection, in case, this application is allowed and the writ petition is dismissed as withdrawn qua the petitioner no.1/1. 6. Accordingly, the instant withdrawal application is allowed and the writ petition is dismissed as withdrawn qua the petitioner no.1/1. Re; Writ Petition 7. By this writ petition, petitioners have prayed for quashing the Notification dated 24.3.2009 issued under Section 4 of the Land Acquisition Act and the Notification dated 15.6.2009 issued under Section 6 of the aforesaid Act by which the petitioners claimed that their agricultural land as mentioned in paragraph-5 of the writ petition are being acquired. 8. Sri Suresh Singh, learned counsel for Yamuna Expressway Industrial Development Authority submits that initially relying on the division bench judgement in the case of Narendra Road Lines (P) Ltd. vs. State of U.P. and others reported in 2010 (7) ADJ 329 the instant writ petition was dismissed vide order dated 10.10.2011 as the case of Narendra Road Lines (P) (Supra) relates to the same Village. 9. Later on, a recall application was pressed on the ground that in the case of Narendra Road Lines (P) (Supra) Notifications dated 24.04.2009 and 04.06.2009 issued under Sections 4 & 6 of the Land Acquisition Act were under challenge while in the instant writ petition Notifications dated 24.3.2009 and 15.6.2009 issued under Sections 4 & 6 of the Land Acquisition Act are under challenge, hence, this matter is not covered by the aforesaid dictum. 10. Considering the aforesaid submissions the recall application was allowed vide order dated 06.09.2013 and the order dated 10.10.2013 was recalled. 11. It is not in dispute that the instant matter relates to Village Amarpur, Pargana Dankaur, Tehsil Sadar, District Gautam Budh Nagar. The other acquisition for plan development had already been approved by the division bench in Narendra Road Lines (P) (Supra), which has also been approved by Hon'ble Apex Court in Special Leave Petition vide order dated 20.08.2010. 12. Learned counsel for Yamuna Expressway Industrial Development Authority submits that no other writ petition is engaging attention of this Court against the said acquisition and this matter does not survive and this writ petition, devoid of merit and is liable to be dismissed. 13. However, in the light of judgement of Hon'ble Apex Court in the case of Indore Development Authority v. Manoharlal and others passed in SLP No.(C) Nos.9036-9038 of 2016 dated 06.03.2020 acquisition proceeding would not lapse. 14. As counsel for the petitioner did not turn up to press this writ petition even in revised call, the instant writ petition is dismissed for want of prosecution. Order Date :- 28.7.2025 S.P. (Prashant Kumar,J) (M. C. Tripathi,J) Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad