KRISHANPURI GOSWAMI Vs. STATE OF U P

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed with a prayer to quash the orders dated 23.01.2012 and 02.07.2013, passed by the Additional District Magistrate (Land Acquisition)/Special Officer (Land Acquisition), Yamuna Expressway Industrial Development Authority - respondent no.4, filed as Annexures no.15 and 21 respectively to the writ petition. Further prayer made is to issue necessary directions to the aforesaid Authority, i.e. respondent no.4, to refer the controversy involved between the petitioner and the private respondents no.5 to 8 with regard to apportionment of compensation to the District Judge, Gautam Budh Nagar, under Section 30 of the Land Acquisition Act, 1894.

(2.) The dispute relates to four Khatas of Village Bhatta, Tehsil Sadar, District Gautam Budh Nagar, viz., (i) Khata no.235, comprising of plot no.764, area 0.2440 hectares, (ii) Khata no.232, comprising of plot no.767, area 0.3800 hectares, (iii) Khata no.253, comprising of plot no.765, area 0.2670 hectares and (iv) Khata no.249, comprising of plot no.760, area 0.7970 hectares.

(3.) Petitioner and respondents no.5 to 8 are real brothers. Their father late Parmanandpuri Goswami was recorded Bhumidhar of the plots in dispute referred to above. Upon the death of the father of the petitioner a dispute arose as he had executed a will dated 25.05.2009, whereby he had provided that in Khata no.235, comprising of plot no.764, area 0.2440 hectares, all his five sons i.e. petitioner and respondents no.5 to 8 would inherit equal share, whereas in the remaining three Khatas referred to above, only his other four sons, i.e. respondents no.5 to 8, would be entitled to inherit. On the basis of said will, respondents no.5 to 8 applied for mutating their names in the revenue records over the three Khatas exclusively given to them and jointly with the petitioner in one Khata i.e. Khata no.235. As apparently no objections were filed to the said application, an order was passed by the Naib Tehsildar on 29.05.2010 directing for recording the names in the revenue entries to be substituted as per the will dated 25.05.2009.