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2023 Supreme(All) 833

SALIL KUMAR RAI, ARUN KUMAR SINGH DESHWAL
Pawan Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioners: A.D. Saunders, Akhilesh Tripathi, Anoop Trivedi.
For the Respondents: Akhileshwar Singh, Anuj Srivastava, Varad Nath.

JUDGMENT :

(Arun Kumar Singh Deshwal, J.)

1. Heard Sri Akhilesh Tripathi, learned counsel for the petitioners, learned Standing Counsel representing the State-respondent, Sri H.N. Singh, learned Senior Advocate assisted by Sri Anuj Srivastava, learned counsel representing the Uttar Pradesh State Industrial Development Corporation Ltd. (hereinafter referred to as the U.P.S.I.D.C.) and Sri Amit Saxena, learned Senior Counsel assisted by Sri Varad Nath, learned counsel for the respondent no.5.

2. Present writ petition has been filed by the petitioners for quashing the order dated 14.09.2006 passed by the respondent no.1 by which application of petitioner to de-notify his acquired land in Gata No. 37, 39 and 41 total area 4.45 acre situated at Village Alipur Bhood Shamli, Gajraula, District J.P. Nagar was rejected on the ground that the possession of the land has already been taken in the year 1976 as well as the petitioners further seeking direction to respondent to denotify the aforesaid Gata No. 37, 39 and 41.

The factual matrix of the case is as follows:-

3(a). The petitioners were the tenure holder of Plot No.37, 39 and 41 of area 4.45 acre situated in Village Alipur Bhood Shamli,

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