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2025 DAILYLAW 65262 (ALL)

RISHI KUMAR AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIC/18033/2025 · 2025-05-29

Anish Kumar Gupta, Manoj Kumar Gupta

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:93366-DB Court No. - 21 Case :- WRIT - C No. - 18033 of 2025 Petitioner :- Rishi Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Prakash Gupta Counsel for Respondent :- 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 Tehsildar, Tehsil-Dhaulana, District Hapur/respondent No. 3 to mutate the name of the petitioners over Khasra No. 28M, area 0.506 hectare, village Nandlalpur, Tehsil Dhaulana, District Ghaziabad in place of their deceased mother in pursuance of the order dated 16.10.2024 passed by the Additional District Magistrate (Land Acquisition) District Ghaziabad/respondent No.2. 2. The case of the petitioners is that the aforesaid land was owned by their mother. After her death, it has been inherited by the petitioners. The said land was acquired under the provisions of the Land Acquisition Act, 1894. The acquisition proceedings were challenged before this Court and this Court quashed the notification under Section 6 of the Act and also the invocation of Sections 17(1)/17(4) of the Act. The beneficiary company i.e., Reliance Power Limited challenged the judgment of this Court in Civil Appeal Nos. 8791-8818 of 2024 (Reliance Power Ltd. vs. Babu Singh and others etc.) before the Supreme Court and the Supreme Court disposed of the civil appeals holding that since the period prescribed for issuing notification under Section 6 had expired and therefore, permitting the State to hold enquiry under Section 5A of the Act, would not serve any purpose. The result of the said judgment is that the acquisition proceedings have lapsed as a whole. The ADM (Land Acquisition), Joint Organization, Ghaziabad vide letter dated 16.10.2024 required Tehsildar, Tehsil- Dhaulana, District Hapur to restore the name of the original tenure holder in the revenue records. As the Tehsildar has not restored the name so far, therefore, the instant petition has been filed. 3. On query made by the Court as to whether the petitioners have approached the Tehsildar to give effect to the communication dated 16.10.2024, learned counsel for the petitioners prays for withdrawal of the writ petition with liberty to the petitioners to approach the Tehsildar for mutation of their name in compliance of communication dated 16.10.2024. 4. Accordingly, the petition is disposed of with liberty to the petitioners 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 petitioners and in which event any order for mutation of the name would only be passed subject to the petitioners refunding the compensation amount. Order Date :- 30.5.2025 Mukesh Kr. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad