Neutral Citation No. - 2025:AHC:112935-DB Court No. - 29 Case :- WRIT - C No. - 20117 of 2025 Petitioner :- M/S. New Illahi Engineering Works And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akhilesh Tripathi Counsel for Respondent :- Anuj Pratap Singh,C.S.C.,Swapnil Kumar Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard Shri Shashi Nandan, learned Senior Counsel assisted by Shri Akhilesh Tripathi, learned counsel for the petitioners; Shri Ambrish Shukla, learned Addl. Chief Standing Counsel for State respondents and Shri Swapnil Kumar, learned counsel for U.P. State Industrial Development Authority (in short "UPSIDA"). 2. The instant writ petition has been preferred for quashing the auction dated 27.05.2025/10.06.2025 in respect of Plot No.G-86 and G-87 situated at Industrial Area, Mussorie-Gulawati Road, Ghaziabad. 3. Learned Senior Counsel appearing for the petitioners submits that the allotment of the plots in question in favour of the petitioner has wrongly been rejected and inspite of repeated representations the same has not been revived. In support of his submissions, he has placed reliance on the communication dated 29.12.2021, whereby the Joint Secretary, State of U.P. had asked the Chief Executive Officer, UPSIDA to apprise the status of revival of industrial plot. He submits that till date no further correspondence has been made and in an arbitrary manner the UPSIDA has proceeded to auction the industrial plots in question. Such situation has impelled the petitioners to invoke the writ jurisdiction. 4. The relief is resisted by learned counsel for UPSIDA on the ground that initially the industrial plots were allotted for establishment of industrial unit way back in the year 2001. It is admitted case that the petitioners had not deposited the requisite amount in terms of allotment letter. Only token amount of 10% had been deposited. It is also admitted case that the petitioners had not shown any willingness for the purpose for which the plots were allotted i.e. for the establishment of industrial unit. Consequently, the allotment was rejected. Against the same, the petitioners had also filed application, which was also rejected. Once their application for revival of the plot was rejected, they had approached this Court by preferring Writ-C No.24963 of 2018 (M/s New Elahi Engineering Works & Anr. v. U.P. State Industrial & Ors.), which was disposed of on 30.07.2018 with following observations:- "Heard Mr. D.K. Srivastava, learned counsel for the petitioners and Mr. Sunil Kumar Mishra, learned counsel for respondents. Counsel for the petitioners does not press the writ petition and submits that the petitioners would be satisfied if they are allowed to make a representation to the concerned authority for refund of the moneys that were deposited by them in 2001 and 2011. The petition is disposed of as not pressed with liberty as prayed. It is made clear that if the petitioners make a representation, as aforementioned, the concerned authority may deal with the same strictly in accordance with law." 5. The aforesaid order was subjected to challenge in Hon'ble Supreme Court by way of preferring Special Leave to Appeal (C) No(s).30975 of 2018 (M/s New Ilahi Engineering Works & Anr. v. Uttar Pradesh State Industrial Development Corporation Ltd. & Ors.), which was dismissed as withdrawn on 03.12.2018. Later on the UPSIDA has also rejected the representation of the petitioners dated 12.03.2019. He submits that said order had never been assailed and as such the same has become final. Even as per the terms and conditions, there was forfeiture clause and admittedly there was default on the part of the petitioners. Later on the petitioners had again invoked the writ jurisdiction by way of preferring Writ-C N.14205 of 2019 (M/s New Illahi Engineering Works & Anr. v. U.P. State Industrial Development Corporation Ltd. & Ors.), which was also dismissed as withdrawn on 19.05.2023. He submits that successive writ petitions had been preferred and got dismissed as withdrawn and in the guise of the communication dated 29.12.2021, the petitioners cannot be permitted to revive the old and stale claim, which was rejected by the authority way back. 6. Heard rival submissions and perused the record. 7. The order dated 30.07.2018 passed in Writ-C No.24963 of 2018 has attained finality as SLP against the same had been dismissed as withdrawn vide order dated 03.12.2018. Later on the petitioner again tried to challenge the cancellation order in Writ-C No.14205 of 2019, which was also dismissed as withdrawn on 19.05.2023. Successive writ petitions had been dismissed in the instant matter and on the pretext of some alleged communication made by the State Government, the petitioners have no right to revive the stale claim. We find that the relief prayed for is totally misconceived and as such we are not inclined to interfere in the matter. 8. The writ petition sans merit and is accordingly dismissed. Order Date :- 14.7.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad