Court No. - 4
Case :- WRIT - C No. - 31319 of 2019 Petitioner :- Satyapal Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manvendra Nath Singh,Vinod Kumar Singh(Senior Adv.) Counsel for Respondent :- C.S.C.,Anjali Upadhya
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the respondent nos. 1 and 2 and Smt. Anjali Upadhyay, learned counsel for the respondent no. 3.
The present writ petition has been filed for quashing the order of Additional District Magistrate (Land Acquisition), Greater Noida, District Gautam Budh Nagar dated 08.10.2013.
The record reflects that referring to the judgement made by the Apex Court in SLP No. 601 of 2009; Radhe Shyam And Others Vs. State of U.P. And Others, an order was issued on 15.04.2011 directing the deletion of the name of Greater Noida Industrial Development Authority from the revenue records and directing the name of all the tenure holders of the land said to be covered by the said judgement of Radhe Shyam be inserted.
The Greater Noida Industrial Development Authority coming to know of the said order, which was ex-parte, have made an application on 22.01.2014 stated therein that the benefit of the said order of the Apex Court was not available to a person other than Radhe Shyam and others who had filed the said SLP only in respect of Khasra Nos. 101, 394 and 399.
The Additional District Magistrate acting on the said objections of Greater Noida Industrial Development Authority had directed deletion of the name of petitioners from the revenue record.
Normally we would have set aside the order of the Additional District Magistrate impugned in the present writ petition but we find that the same would result in an another ex-parte order, which would legally not be permissible and, therefore, we refrain ourselves from the aforesaid order, which has been passed by the Additional District Magistrate.
We, however, provide that if the petitioners have any right of their names being mutated in the revenue records on whatever basis, they may make an application supported by all such documents as they may be advised within two weeks before the District Magistrate, Gautam Budh Nagar who shall consider the same within eight weeks in accordance with law and shall pass appropriate orders in the matter of mutation after affording opportunity of hearing to Greater Noida Industrial Development Authority also.
The writ petition is disposed of.
Order Date :- 26.9.2019/KS