HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 23012 of 2025 Court No. - 29 (SL No.5) HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Even in the revised call learned counsel for the petitioners is not present, however, Sri A.B. Singhal, learned counsel for the contesting respondents and Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State are present. 2. The instant writ petition has been filed praying for the following reliefs: "(I) Issue a writ, order or direction in the nature of the certiorari quashing the Impugned Gazette Notification/Land Acquisition Notification dated 04.03.2024 having Notification No. 138/77-3-2025-34 (एम)2022 Lucknow, by which the plot/bhukhand No. 79 having total area of 0.6100 hectare in which the share of petitioners as plot no./bhukhand no. 79/2 having an area of 0.122 hectare situated at Village-Aakalpur, Tehsil-Jewar, District-Gautam Buddha Nagar has been acquired. (II) Issue a writ order or direction in the nature of mandamus commanding the respondent authorities not to acquire the Versus Counsel for Petitioner(s) : Abhay Pratap Singh, Indrajeet Chaurasia Counsel for Respondent(s) : Aditya Bhushan Singhal, C.S.C. Dharm Singh Anothers .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) plot/bhukhand No. 79 (2) having an area 0.122 hectare out of 0.6100 hectare situated at Tehsil-Jewar, Buddha Nagar of the petitioners which is endorsed as Entry No. 33 in the Impugned Gazette Notification as Gata No.79, after decided the objection filed and without taken the free consent of the petitioners." 3. Learned counsel for the petitioners submits that the petitioners are co- owners and in possession of land No. 79)2) having an area 0.122 hectare out of 0.6100 hectare situated in village Aakalpur Tehsil Jewar District Gautam Buddha Nagar, which has been acquired. The land of the petitioner is no more existing for agricultural purposes and is in use of abdi and permanent structure in the shape of house/building are existing over there. It is submitted that the respondent-authority has notified the land for acquisition without any publication. Neither any publicity was made nor any opportunity of public hearing has been given to the affected persons by the said notification. It is further submitted that after issuance of the impugned notification dated 4.3.2024 the petitioners have filed objections on 29.5.2024 and raised his grievances. It is submitted that the land acquisition proceedings have been initiated without entering into the mutual contract with the petitioners, which is in clear violation of the G.O. dated 23.12.2016. 4. Sri A.B. Singhal, learned counsel has raised two fold objections. Firstly, the writ petition is instituted against the preliminary notification published under Section 11 of the Act, 2013, secondly, the objection has already been considered by the Competent Authority and the notification under Section 15 of the Act, 2013 had also been modified and thereafter, the award has also been made. Therefore, no cause of action survives to the petitioners to file the instant petition. 5. Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State submits that in the instant case final declaration has already been modified and award has also been made and if the petitioners are still aggrieved they may institute proceedings in accordance with law. 6. Considering the factual situation, as the final declaration has already been modified and the award has also been made and since no cause of WRIC No. 23012 of 2025 2 action survives, therefore, no interference is called for in the instant writ petition. However, it is provided that in case the petitioners are still aggrieved with the later events i.e., final declaration of the award, they may institute appropriate proceedings before the concerned authority, which shall be dealt with in accordance with law. 7. With the aforesaid observations, the instant writ petition is disposed of. September 10, 2025 Shubham Arya WRIC No. 23012 of 2025 3 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad