M/S INDIA KNOWLEDGE CITY FOUND. THRU RATISH KUMAR MALLICK v. STATE OF U.P. THRU PRIN. SECY. INDUSTRIAL DEVPT. and ANR.
WRIC/23363/2019 · 2025-07-18
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147699 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147699 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41333-DB Court No. - 2 Case :- WRIT - C No. - 23363 of 2019 Petitioner :- M/S India Knowledge City Found. Thru Ratish Kumar Mallick Respondent :- State Of U.P. Thru Prin. Secy. Industrial Devpt. And Anr. Counsel for Petitioner :- Dhruv Mathur,Pranav Agrawal,Prashant Arora,Rahul Kumar,Saurabh Yadav Counsel for Respondent :- C.S.C.,Navendu Kr. Srivastava,Prashant Kumar,Prashant Kumar Singh Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J.
1. Heard. 2. By means of this petition, the petitioner has sought following reliefs:
"(I) Issue a writ, order or direction in the nature of Certiorari quashing the impugned Demand dated 04.08.2018 for a sum of Rs. 66,65,62,192.72/-as contained in Annexure No. 3 with this writ petition. (II.) Issue a writ, order or direction in the nature of Mandamus directing the Respondents to complete the acquisition of the unacquired land leased to the Petitioner by the Respondent No.2 and hand over the peaceful possession of the entire land leased vide lease deeds dated 30.12.2009 &
11.10.2010. As contained in Annexure No. 8 and 9 respectively with this writ petition. ( Ⅲ) Issue a writ, order or direction in the nature of Mandamus directing the Respondents to provide all necessary protection and assistance including police force to the Petitioner to enable it to raise construction over the land leased to it vide lease deeds dated 30.12.2009 & 11.10.2010. As contained in Annexure No. 8 and 9 respectively with this writ petition without any hindrance. (IV.) Issue a writ, direction or order in the nature of Mandamus to the Respondents to treat the date of allotment of the Plot No. 3, Sector 17 A, Yamuna Expressway, Greater Noida to the Petitioner to be the date when the acquisition of the land allotted to the Petitioner is complete and peaceful possession thereof is handed over to it and till then no interest be charged from the Petitioner. (V.) Issue any other appropriate writ, order or direction as this Hon'ble Court may deem just, proper and necessary in the circumstances of the case; and (VI.) Award the costs of the petition, in favor of the Petitioner Company. "
3. The order impugned dated 04.06.2018 has been issued from New Delhi. Opposite party no.2 which the Yamuna Expressway Industrial Development Authority impleaded through its Chief Executive Officer is stationed at Gautam Buddh Nagar.
Relief nos.(I) to (IV) are all related to opposite party no.2 which is stationed at Gautam Buddh Nagar. Therefore, so far as these reliefs are concerned, this Court does not have territorial jurisdiction. 4. At this stage, Sri Prashant Chandra, learned Senior Counsel assisted by Sri Prashant Kumar Singh, learned counsel for the opposite parties submitted that in fact against the order impugned contained in Annexure no.3, revision has been filed by the petitioner before the revisional authority at Lucknow under Section 41 of the U.P. Urban Planning and Development Act, 1973 which has not been disclosed in the petition. He has placed before us a copy of the revision which is different from the representation annexed as Annexure no.15. 5. Therefore, we do not have territorial jurisdiction in the matter, however, so far as the revision is concerned, if it is still pending and is maintainable, the same shall be decided at the earliest say within three months. 6. Accordingly, the writ petition is disposed of. (Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 18.7.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench