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2025 DAILYLAW 52822 (ALL)

JAYPEE INFRATECH LIMITED v. STATE OF UTTAR PRADESH AND 8 OTHERS

WRIC/13963/2025 · 2025-07-13

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:112710-DB Court No. - 21 Case :- WRIT - C No. - 13963 of 2025 Petitioner :- Jaypee Infratech Limited Respondent :- State Of Uttar Pradesh And 8 Others Counsel for Petitioner :- Ankit Prakash Counsel for Respondent :- C.S.C.,Saurabh Pandey Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Rakesh Pandey, learned Senior Advocate assisted by Sri Ankit Prakash, learned counsel for the petitioner, Sri Saurabh Pandey, Advocate appearing for the respondent No.9 and learned Standing Counsel for the State-respondents. 2. The following prayers have been made in the writ petition:- "(i) Issue a writ order or direction in the nature of Mandamus directing the respondents to declare the area of 1 km around the three Main Toll Plazas and Ramp Toll Plazas situated in Jewar (Distt-Gautam Budh Nagar (UP) as Protest Free Zones. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to ensure that no protests are being held in the declared Protest Free Zones." 3. Sri Rakesh Pandey, learned Senior Counsel for the petitioner submits that the petitioner is a concessionaire of YEIDA and under the agreement, it is entrusted with the operations and maintenance of the expressway including collection and retention of fees during the terms of the concession period. He submits that frequently there are farmers agitation and expressways gets blocked, which hampers free flow of traffic. The petitioner has been making complaint to the local police, but no action is taken to regulate the assemblies to prevent the blockage of the expressway. He places reliance on Sections 30 and 34 of the Police Act and judgments of the Hon'ble Supreme Court and Delhi High Court in Amit Sahni vs. Commissioner of Police and others passed in Civil Appeal No.3282 of 2020 decided on 07.10.2020, Jawaharlal Nehru University vs. Commissioner of Police & Ors passed in W.P. (C) No.1896 of 2017 decided on 09.08.2017 and Vidya Sagar Institute of Mental Health and Neuro Services vs. Vidya Sagar Hospital Employees Union passed in CS (OS) No.1093 of 2002 decided on 16.09.2005. 4. Having given thoughtful consideration to the submissions, we are of the opinion that petitioner should first approach the higher police officials and apprise them of the issue, so that they may take appropriate remedial action in the matter, in accordance with law. 5. Accordingly, with the aforesaid liberty reserved in favour of the petitioner, the petition stands disposed of. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 14.7.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad