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2025 DAILYLAW 108775 (ALL)

KAMLA INFRABUILD PRIVATE LIMITED COMPANY AND 2 OTHERS v. State of UTTAR PRADESH AND 4 OTHERS

WRIC/39359/2024 · 2025-01-23

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12163-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 7) Court No. - 21 Case :- WRIT - C No. - 39359 of 2024 Petitioner :- Kamla Infrabuild Private Limited Company And 2 Others Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- Anjali Upadhya,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Supplementary affidavit filed today is taken on record. 2. The following prayers have been made in the instant petition:- "(a) Issue a writ, order rule or direction in the nature of issue a writ of mandamus and may be please to direct to the respondent no. 2 to pay the amount of compensation of the acquired land of the petitioners of Gata/plots nos. 002294, 169(Mi), 169 of village Ambabai and the land Gata/ plots nos. 707/2, 705/1, 156 of village Sarmau, Block-Babina, Tehsil Sadar, District Jhansi forthwith along with the interest and all other legally permitted benefits, So the justice be done, otherwise the petitioner shall suffer irreparable loss and injury. In alternate (b) Issue a writ, order rule or direction in the nature of issue a writ of mandamus and may be please to direct to the respondents to released the acquired land of the petitioners of Gata / plots nos. 002294, 169(Mi), 169 of village Ambabai and the land Gata/ plots nos. 707/2, 705/1, 156 of village Sarmau, Block-Babina, Tehsil Sadar, District Jhansi from the acquisition and to allow to the petitioners to use his aforesaid land freely as per their requirement and to execute their agreements enter into by them with their clients/investors prior to the notification of the acquisition of the aforesaid land, so the justice be done, otherwise the petitioner shall suffer irreparable loss and injury. (c) Issue a writ, order rule or direction in the nature of issue a writ of mandamus commanding and directing the respondent no. 5 not to take any coercive action as against the petitioner in connection with the five F.I.R. of first information report of Case Crime No. 322 of 2024 under section 420,406,504,506 I.P.C. Police station Kotwali, District Jhansi and Case Crime No. 295 of 2024 under section 420,406 I.P.C, Police station Seepari Bazar, District Jhansi F.I.R. dated 08.11.2024 of case crime no. 365 of 2024 under section 420,406 I.P.C, Police station Seepari Bazar, District Jhansi and F.I.R. dated 12.11.2024 Case Crime No. 371 of 2024 under section 420,406 I.P.C, Police station Seepari Bazar, District Jhansi & F.I.R. dated 13.11.2024 Case Crime No. 553 of 2024 under section 420,406 I.P.C, Police station Nawabad, District Jhansi and also not to register any further case against the petitioner of such nature, so the justice be done." 3. Learned counsel for the petitioners, at the outset, states that he is not pressing relief no. (c) and reserves its rights to seek the said relief in appropriate proceedings. 5. We have gone through the writ petition and we find that there is no acquisition notification in respect of plots which are subject matter of the instant petition. As per the averments made in the writ petition there was only offer for purchase through mutual negotiations. In case the petitioners agree to the offer made by the respondents, they would be paid sale consideration amount and for which no direction is required to be issued. 6. The alternate relief based on assumption that land is subject matter of acquisition is therefore, wholly misconceived. 7. In so far as the submission that the petitioner should be permitted to enter into agreements with their clients/investors, as per the statement made by learned counsel for respondent no. 2 and learned Additional Chief Standing Counsel for the State respondents in connected Writ C No. 38960 of 2024 (Kamla Infrabuild Private Limited Company And 2 Others vs. State Of Uttar Pradesh And 4 Others), no restraint has been put by them. 8. The petition, accordingly stands disposed of without any further direction. Order Date :- 23.1.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad