Ram Autar Singh, J. - (1.) By means of this writ petition the petitioner has sought reliefs with prayer to issue a writ of certiorari quashing the order dated 23.3.2009 (Annexure No.8 to the writ petition) passed by respondent no.4 and the order dated 6.4.2010 (Annexure No.9 to the writ petition) passed by respondent no.3 as well as the orders dated 22.2.2010 and 24.4.2010 (Annexures C.A.1 and C.A.2 to the counter affidavit) passed by respondent no.4 and has further prayed to issue a writ of mandamus directing the respondents to act in accordance with law and restraining them from interfering with the petitioner's right to withdraw the amount of compensation, which is lying in his account in the Bank of India, Branch Surajpur, Greater Noida, Gautam Budh Nagar.
(2.) We have heard Shri M.D. Singh Shekhar, learned counsel for petitioner and learned Standing Counsel for State on rival contentions of parties in this writ petition and perused the record. Counter and rejoinder affidavits have been exchanged between the parties and thus this writ petition is being disposed of finally.
(3.) The brief facts arising out of this writ petition are that plot no.597 (old plot no.377) area 16-1-13 pacca bighas (hereinafter referred to as the disputed land) situated in Village Tugalpur, Pargana Dankaur, Tehsil and District Gautam Budh Nagar was purchased by Smt. Harnam Kaur wife of Suchcha Singh resident of Village Tugalpur, Pargana Dankaur, Tehsil and District Gautam Budh Nagar through registered sale deed dated 30.5.1978 after making payment of adequate consideration from Lakhmi Chand and others and thereafter her name was mutated in the revenue record. During her life time she executed a registered Will on 28.2.1987 in favour of the petitioner Sadha Singh. Smt. Harnam Kaur died on 1.3.1999 and the name of the petitioner was mutated by the Tehsildar on the basis of Will in the revenue record vide his order dated 5.5.1999 in Case No.595 of 1999. The notification under section 4 read with section 17 of the Land Acquisition Act was issued on 9.9.1997 and the notification under section 6 of the Act was issued on 9.9.1998 for acquisition of disputed land. Instead of making payment of the compensation for the disputed land, a notice was issued in the name of Smt. Harnam Kaur and other tenure holders under sections 154, 166 and 167 of U.P.Z.A. & L.R. Act and in pursuance thereof through Case No. 30 Additional District Magistrate (Finance and Revenue), Bulandshahr, where the land was situated earlier, by order dated 15.12.1999 directed the disputed land to be vested in the State on the ground that the land for some time was pooled by Harnam Kaur in Adarsh Khalsa Sanyukt Sahkari Kheti Samiti, hence pooling would be treated to be a transfer. The order dated 15.12.1999 was challenged by the Khalsa Samiti as well as the interested persons before Commissioner and the Additional Commissioner (Prashasan), Meerut Division, Meerut allowed the appeal vide order dated 8.5.2002 quashing the order dated 15.12.1999 passed by Additional District Magistrate (Finance and Revenue), Bulandshahr under sections 154, 166 and 167 of the U.P.Z.A. & L.R. Act and thus the order dated 8.5.2002 passed by Commissioner in appeal became final as the same was never challenged by the State Government or any one else.;