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2025 DAILYLAW 80984 (ALL)

GAURAV CHAUDHARY v. STATE OF U.P. AND 3 OTHERS

WRIC/26075/2025 · 2025-08-05

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133123-DB Court No. - 29 Case :- WRIT - C No. - 26075 of 2025 Petitioner :- Gaurav Chaudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ambleshwar Pandey,Devaang Savla,Ram Prakash Sharma Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Shri Ambleshwar Pandey, learned counsel for the petitioner; Shri F.A. Ansari, learned Standing Counsel for State respondent and Shri Kaushlendra Nath Singh, learned counsel for New Okhla Industrial Development Authority (in short "Noida"). 2. The instant writ petition has been preferred for a direction to respondents not to interfere in peaceful possession of the plots of the petitioner admeasuring 107.02 sq. mtrs. situated over Khasra No.514M & 515M, Village Aaghapur Dadri, Gautam Budh Nagar pursuant to notice dated 21.05.2025 and for a further direction to respondents to decide the representation of the petitioner dated 14.07.2025/15.07.2025 within stipulated period. 3. The petitioner claims to be the owner of plots bearing Khasra No.514M and 515M of Village Agahpur, Sector-41, Noida, District Gautam Budh Nagar on the basis of sale deeds dated 28.08.2019 and 14.08.2023. Learned counsel for the petitioner submits that the land in question is recorded as Minjumla plot and name of the petitioner has also been mutated in the revenue record under Section 34 of U.P. Revenue Code, 2006 and as such the Authority has no right/ claim over the land in question to dispossess the petitioner. 4. Per contra, learned counsel for the Noida has vehemently opposed the writ petition. He has placed the notification under Section 4 (1) read with 17 (4) of the Land Acquisition Act, which was gazetted on 16.09.1976 and submitted that Gata No.514 and 515 were acquired. He submits that admittedly the petitioner claims certain right on the basis of alleged sale deed, which was registered on 28.08.2019 and 14.08.2023 but no such right can be created over the acquired land. 5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the issue, the writ petition stands disposed of asking the Authority concerned to decide the aforesaid representation of the petitioner dated 14.07.2025/15.07.2025 in accordance with law expeditiously. Order Date :- 6.8.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad