AWADHESH KUMAR AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/12559/2025 · 2025-07-21
Mahesh Chandra Tripathi, Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48690 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48690 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:121189-DB Court No. - 29 Case :- WRIT - C No. - 12559 of 2025 Petitioner :- Awadhesh Kumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Archana Singh,Prem Shankar Kushwaha Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioners, learned Additional Chief Standing Counsel for the State-respondents, and perused the record.
2. In the present matter, it is noted that twice adjournment has already been sought on behalf of the petitioners.
3. Shri Devesh Vikram, learned Additional Chief Standing Counsel for the State, has raised a preliminary objection regarding the maintainability of the present writ petition. He submits that the petitioners had earlier approached this Court by filing Writ-C No. 31455 of 2024 (Awadhesh Kumar and 3 others v. State of U.P. and 3 others), wherein similar reliefs were sought. The said writ petition was disposed of by a Division Bench of this Court vide
order dated 13.11.2024. It is contended that the relief now sought in the instant petition is substantially the same and, therefore, the present petition amounts to a second writ petition on the same cause of action, which is not legally maintainable.
4. Considering the objection so raised, we have carefully examined the record and perused the order dated 13.11.2024 passed by the Division Bench in the earlier writ petition. For ready reference, the
said order is reproduced hereinbelow:
"1. The instant petition has been filed praying for a direction to the respondents not to coerce the petitioners to transfer their respective shares in Gata nos.340, 341 mi., 347, 358, 359, 360, 361, 362, 363, 365, 367, 369, 370, 371, 392, 411, 413 mi., 414, 416, 417, 418, 419 and 420 situated in Village- Alipur Ahana, Pargana and Tehsil- Tirwa, District- Kannauj and also not to interfere in their possession without following due process of law.
2. Learned Standing counsel has placed on record the instructions received from District Magistrate, Kannauj. According to it, the State-respondents, for executing industrial corridor project, are obtaining land from affected persons on basis of consent and mutual agreement. They are not exercising any pressure on any individual to execute the sale deed.
3. Shri Rajiv Gupta, learned Additional Chief Standing Counsel submits that, in case, the petitioners do not agree to transfer their land on basis of mutual negotiations, the respondents, if they would require the land of the petitioners, would go for compulsory acquisition in accordance with law.
4. The aforesaid statement of learned Additional Chief Standing Counsel, in our opinion, adequately protects the interest of the petitioners.
5. Accordingly, the instant petition stands disposed of in same terms"
5. Upon due consideration of the facts and circumstances of the case, and keeping in view the earlier adjudication by a coordinate Bench on the same subject matter, we are of the view that no fresh cause of action has been disclosed so as to justify the maintainability of the present petition.
6. Accordingly, this Court is not inclined to entertain the instant writ petition. The writ petition stands dismissed.
Order Date :- 22.7.2025 Anil K. Sharma Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad