HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35402 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Shri Ashutosh Mishra, learned counsel for the petitioner; Shri Devesh Vikram, learned Addl. Chief Standing Counsel for State respondents and Shri Avadhesh Kumar Upadhyay, learned counsel for Bhadohi Industrial Development Authority (in short "Authority"). 2. The instant writ petition has been preferred for setting aside the order dated 6.5.2022 passed by respondent no.3-Special Land Acquisition Officer (SLAO), Bhadohi in Case No.85 of 2016 (Seheelal v. Collector), whereby the application of the petitioner under Section 28A of the Land Acquisition Act, 1894 (in short "Act") has been abated in the light of pendency of First Appeal Defective No.136/2016 (now First appeal No.450 of 2017). It is further prayed for a direction to respondent no.3 to consider and decide the application of the petitioner under Section 28A of the Act dated 4.4.2016 expeditiously after the decision of the High Court in First Appeal Defective No.136/2016 (now First appeal No.450 of 2017). 3. Learned counsel for the petitioner submits that the issue is no more res integra and the same is conclusively decided by Hon'ble Apex Court in U.P. State Industrial Development Corporation Ltd. v. State of U.P. & Ors., (1995) 2 SCC 766, wherein Hon'ble Apex Court has held that mere pendency of the appeal would not give any leverage to the SLAO to abate the proceeding/ application under Section 28A of the Act. He submits that the application is to be kept pending consideration and the same may be considered after finalisation of the proceeding in the first appeal. Versus Counsel for Petitioner(s) : Ashutosh Mishra, Gaurav Maurya Counsel for Respondent(s) : Avadhesh Kumar Upadhyay, C.S.C. Seheelal .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) 4. Learned Addl. Chief Standing Counsel as well as learned counsel for Authority has not disputed the factual and legal aspect of the matter. Learned counsel for Authority submits that he has no objection, in case the reference is kept pending consideration till finalisatin of the proceeding in First Appeal No.450 of 2017. 5. Considering the facts and circumstances of the case, we find that the impugned order is per se unsustainable in view of the mandate of Hon'ble Apex Court in U.P. State Industrial Development Corporation Ltd. (Supra). Accordingly, the order impugned is set aside. A direction is issued to the SLAO, Bhadohi to keep the application under Section 28A of the Act pending consideration till final disposal of First Appeal No.450 of 2017. 6. The writ petition stands allowed accordingly. October 9, 2025 SP/ WRIC No. 35402 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad