HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33138 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Shri Uma Nath Pandey, learned counsel for the petitioner; Shri Nagendra Pandey, learned Standing Counsel for State respondent nos.1 and 2 and Shri Yash Padia, learned counsel for Uttar Pradesh State Industrial Development Corporation (respondent no.3). 2. Mahendra Pal Singh has approached this Court under Article 226 of Constitution of India for direction commanding the Additional District Magistrate (Land Acquisition), Greater Noida, District Gautam Buddh Nagar (respondent no.2) to restore the name of the petitioner in Khatauni/revenue record of Plot No.1051M area 0.3350 hectare situated at Village Chitehra, Tehsil Dadari, District Gautam Buddh Nagar after scoring out the name of Uttar Pradesh State Industrial Development Corporation in compliance of the judgement and order dated 21.07.2016 passed by the Division Bench in Writ C No.23948 of 2008 (Mahendra Pal Singh vs. State of UP and others). 3. Shri Uma Nath Pandey, learned counsel appearing on behalf of petitioner submits that the petitioner had purchased the land of plot No.1051M area 0.3350 hectare from the original tenure holders vide two separate sale deeds and his name has also been recorded in the revenue record by the Tehsildar vide order dated 03.11.2007. The State Government issued a notification dated 19.01.2007 under Section 4 (1) read with Section 17 (2) of the Land Acquisition Act, 1894 (in short, Act, 1894) for acquiring the petitioner's land and declaration has also been issued on 11.07.2007 under Section 6 read with Section 17 (1) of the Act. The aforesaid notification was challenged by Versus Counsel for Petitioner(s) : Uma Nath Pandey Counsel for Respondent(s) : Anuj Pratap Singh, C.S.C., Yash Padia Mahendra Pal Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) the petitioner in Writ C No.23948 of 2008 (Mahendra Pal Singh vs. State of UP and others), which was finally decided by the Division Bench alongwith nine other writ petitions led by Writ C No.17029 of 2008 (Aakash Educational Society vs. State of UP and others) vide judgment and order dated 21.07.2016. 4. 4. Learned counsel for the petitioner further submits that in the judgment and order passed in Aakash Educational Society (supra) the Division Bench had relied upon the judgment passed by this Court in Pooran and others vs. State of UP and others, 2009 (10) ADJ 679 (DB) and opined that the acquisition was for a private company but mandatory procedure under Part VII read with Land Acquisition (Companies) Rules, 1963 had not been followed and therefore, the acquisition was held to be illegal. Consequently, the Division Bench had dismissed the leading Writ C No.17029 of 2008, which was preferred by Aakash Educational Society Chithera on the ground that the petitioner Society had to fail in its challenge to the acquisition notifications in respect of land purchased by it after notification under Section 4 (1) of the Act, 1894. Accordingly, nine connected writ petitions were allowed and impugned acquisition notifications in respect of disputed acquired land of the petitioners were quashed. He submits that later on, Aakash Educational Society through its Chairman Ved Ram Sharma had preferred another Writ C No.22195 of 2023, wherein the reliance was also placed upon the communication dated 08.12.2015 by the Managing Director, UPSIDC to the State Government in which he had recommended for de- notification of the land of the petitioner in the said writ petition. 5. Learned counsel for the petitioner submits that in the said proceeding in compliance of the earlier order dated 20.07.2023, the compliance affidavit had been filed by the Principal Secretary, Industrial Development, Government of U.P., Lucknow indicating therein that the State Government is taking appropriate measures for de-notification of the land of the petitioner i.e. Aakash Educational Society. Accordingly, the writ petition was disposed of on 10.10.2023. He submits that as the Aakash Educational Society had instituted another Writ C No.22195 of 2023, in arbitrary manner the State Government has proceeded to issue the notification dated 14.11.2024, wherein certain lands were exempted including the land of the Aakash Educational Society (Khasra Nos.1051M area 0.1265 hectare and WRIC No. 33138 of 2025 2 1051M area 0.2108 hectare) but till date the State Government has not taken any concrete step for de-notification of the petitioner's holding, inspite of the fact that in similar facts and circumstances, the State Government has already de-notified and excluded the area mentioned in the Schedule provided therein vide notification dated 14.11.2024 and similar indulgence may also be extended in favour of the petitioner. He also states that as the judgement and order dated 21.07.2016 passed in Aakash Educational Society (supra) has attained finality and later on, the benefit had also been extended to one of the petitioner. Such inaction of the respondents had again impelled the petitioner to invoke the writ jurisdiction as till date the name of the Uttar Pradesh Industrial Development Corporation has not been scored out from the revenue record. 6. So far as factual and legal aspect of the matter is concerned, the same is not disputed by learned counsel for the respondents. 7. Considering the factual situation, we find that no useful purpose would be served in keeping the writ petition pending consideration. 8. Accordingly, the instant writ petition is disposed of with observation that the State Government must pass an appropriate order strictly in accordance with law and in the light of the notification dated 14.11.2024, which had been gazetted/notified in response to the mandate of the Division Bench in Writ C No.22195 of 2023 within a period of three months from the date of production of a certified copy of this order. September 19, 2025 RKP WRIC No. 33138 of 2025 3 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad