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2025 DAILYLAW 61192 (ALL)

INDRA JEET v. STATE OF U.P. AND 3 OTHERS

WRIC/16303/2025 · 2025-05-20

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85661-DB Court No. - 21 Case :- WRIT - C No. - 16303 of 2025 Petitioner :- Indra Jeet Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Shukla,Uma Nath Pandey Counsel for Respondent :- Anjali Upadhya,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed praying for a writ of mandamus commanding the respondents to mutate the name of the petitioner's 1/4 share over Khasra Nos. 60, area 2.4030 hectare, 398 area 0.4220 hectare, 402 area 3.1600 hectare, 418 area 2.5980 hectare Village Makoda, Pargana Dadri, Tehsil Sadar, District Gautam Buddh Nagar, and to decide the representation of the petitioner dated 19.02.2025 filed in this regard. 2. The case of the petitioner is that the aforesaid land of the petitioner was initially subjected to acquisition under the provisions of the Land Acquisition Act, 1894. The acquisition proceedings were quashed by the Supreme Court and consequently, the name of the petitioner has to be restored in the revenue records. A communication dated 08.10.2013 was sent in this behalf by ADM (Land Acquisition) Greater Noida, Gautam Buddh Nagar to Tehsildar Sadar. However, name of the petitioner has not been mutated so far. 3. On query made by the Court as to whether the petitioner has approached the Tehsildar to give effect to the communication dated 08.10.2013, learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to the petitioner to approach the Tehsildar for mutation of his name in compliance of communication dated 08.10.2013. 4. Accordingly, the petition is disposed of with liberty to the petitioner to file appropriate application in this behalf before the Tehsildar, and in which event the Tehsildar will pass a speaking order within four weeks. The Tehsildar, before passing the order, will ascertain whether any compensation has been received by the petitioner and in which event any order for mutation of the name would only be passed subject to the petitioner refunding the compensation amount. Order Date :- 21.5.2025 Mukesh Kr. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad