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2025 DAILYLAW 162310 (ALL)

M/S GIRDHARI LAL BAKERY UDYOG THRU.PROPRIETOR GIRDHARI LAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. SMALL INDUSTRIES GOVT. OF U.P. LKO. AND 3 OTHERS

WRIC/8667/2025 · 2025-09-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8667 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. Heard learned counsel for the petitioner, learned Standing Counsel Ms. Akanksha Dubey who appears for the State – respondents. This petition has been filed with the following prayer :- Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 17.6.2025 passed by the opposite party no.4/ Deputy Commissioner Industries, District Industry Evam enterprise encourage Centre Gonda, by means of which Industrial plot bearing no.28 and 30 situated at Mini Industria Estate Kadipur Colonelganj District Gonda has been cancelled in the most illegal and arbitrary manner, contained in annexure no.1 to this writ petition. i. Issue a writ order or direction in the nature of Mandamus commanding the opposite parties not to implement the impugned order dated 17.6.2025 passed by the opposite party no.4/Deputy Commissioner Industries, District Industry Evam enterprise encourage Centre Gonda, by means of which Industrial plot bearing no.28 and 30 situated at Mini Industrial Estate Kadipur Colonelganj District Gonda has been cancelled in the most illegal and arbitrary manner, contained in annexure no.1 to this writ petition." ii. Ms.Akanksha Dubey has raised a preliminary objection regarding maintainability of the writ petition on account of the fact that contract signed between the petitioner and the District Industries Centre on behalf Government His Excellency the Governor of UP clearly states in para 3 (d) that every dispute relating to the subject matter of the said lease deed except a dispute relating to rent and other payments agreed upon by the parties shall be referred to any Arbitrator nominated by the Secretary to the Government of U.P. Industries Department and the decision of such arbitrator shall be final Versus Counsel for Petitioner(s) : Vivek Kumar Srivastava, Sarojani Misra Counsel for Respondent(s) : C.S.C. M/S Girdhari Lal Bakery Udyog Thru.Proprietor Girdhari Lal And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Small Industries Govt. Of U.P. Lko. And 3 Others .....Respondent(s) binding on the parties. This contract was signed by the petitioner willingly. The grounds taken in the writ petition for challenging the writ petition do contain ground relating to enhancement of rent arbitrarily, however, there are other dispute also raised which can only be seen by the Arbitrator. The writ petition is disposed of leaving it open for the petitioner to give a notice to the respondents for appointment of an Arbitrator. September 9, 2025 mks WRIC No. 8667 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench