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2025 DAILYLAW 33271 (ALL)

RAJPAL v. STATE OF U.P. AND ANOTHER

WRIC/8840/2025 · 2025-08-03

Mahesh Chandra Tripathi, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130666-DB Court No. - 29 Case :- WRIT - C No. - 8840 of 2025 Petitioner :- Rajpal Respondent :- State of U.P. and Another Counsel for Petitioner :- Samsad Ahmed Khan,Shiv Kant Mishra Counsel for Respondent :- Akhilesh Kumar Sharma,Anjali Upadhya,C.S.C.,Vineet Pandey Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Shri Samsad Ahmed Khan, learned counsel for the petitioner; Ms. Uttara Bahuguna, learned Addl. Chief Standing Counsel for State respondent and Sri Vineet Pandey, learned counsel for Greater Noida Industrial Development Authority (in short “GNIDA”). 2. Instant writ petition is preferred for directing GNIDA to hand over physical possession of plot no. 169 situated in revenue village Itehra, Pargana and Tehsil Dadri, District Gautam Buddha Nagar in pursuance of lease deed dated 9.12.2023. 3. At the outset, learned counsel for GNIDA, on the instructions, states that lease deed was executed in favour of the petitioner on 09.12.2023 but unfortunately on account of illegal encroachment over the allotted site, the actual physical possession could not be ensured by the Authority. He submits that even on various occasions, request had also been made to local police authorities for according police assistance at the time of remove of encroachment at the site. He submits that the Authority is inclined to hand over possession in favour of the petitioner in terms of lease deed dated 09.12.2023. He further apprises to the Court that in similar facts and circumstances the Coordinate Bench, while passing the order dated 10.12.2024, in Writ C No. 22617 of 2024 had directed the police authorities to provide full cooperation so that physical possession may be handed over. He submits that similar indulgence may also be provided in the instant writ petition. 4. Considering the facts and circumstances of the case and without expressing any opinion on merits of the issue, the writ petition stands disposed of with observation that every sincere efforts shall be made by the Authority to hand over actual physical possession to the petitioner expeditiously, in case there is no other impediment. In case, police assistance is required for maintaining law and order situation, the adequate communication be made to the police administration. Order Date :- 4.8.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad