- (1.) This writ petition has been filed, inter alia with the following prayers:- "I. A writ, order or direction in the nature of certiorari to quash the impugned order dated 19.2.2018 passed by the respondent no.2 (Annexure no.11 to this writ petition); II. a writ, order or direction in the nature of mandamus commanding the respondent no.2 to send the reference under Section 30 of the Land Acquisition Act, 1894 before the District Judge, Gautam Buddh Nagar for apportionment of compensation regarding the land in question within time bound period which may be fixed by this Hon'ble Court."
(2.) It has been contended by the learned counsel for the petitioner that the petitioner is co-sharer of Gata Nos. 31, 37, 43, 60, 61, 43M, 103, 104, 105, 106, 107, 137, 138, 235, 227, 238M, 269, 280, 424, 514, 530 total area 80-14-0 situated in village Jaganpur Afjalpur, Pargana Dankaur, Tehsil Sadar, District Gautam Budh Nagar. The aforesaid plots were acquired by the State Government by means of a notification dated 24.4.2009 under Section 4(1) read with Section 17(4) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act of 1894) followed by a notification dated 4.6.2009 read with Section 17(1) of the Act of 1894. It is stated that the award has also been made under Section 11 of the Act of 1894. The dispute regarding ownership and title of the plots in question which after a checkered history of litigation came up before this Court in Writ Petition No. 32876 of 2007 ( Ram Kumar and others Vs. Deputy Director of Consolidation and others) (hereinafter referred to as writ petition of 2007) which writ petition was allowed by means of judgment dated 8.12.2009. This writ petition of 2007 was admittedly filed by the private respondents.
(3.) The judgment dated 8.12.2009 was challenged before the Supreme Court by means of a petition for Special Leave to Appeal (Civil) No. 7258-7259 of 2010 which came to be dismissed by means of an order dated 12.5.2010. It is stated that thereafter, the petitioner filed a Recall Application No. 47415 of 2010 (Tejpal Vs. Ram Kumar and others) for recalling the judgment dated 8.12.2009 passed in the writ petition of 2007. Thereafter, the private respondents no. 3 and 5 filed an application before the Competent Authority for payment of compensation and on coming to know of the said application, the petitioner filed an objection under Section 30 of the Act of 1894.;