Neutral Citation No. - 2025:AHC:118921-DB Court No. - 21 Case :- WRIT - C No. - 23353 of 2025 Petitioner :- Smt. Aneeta Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jitendra Singh,Sangita Singh,Sonam Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The petitioner has assailed an order dated 06.02.2025 passed by respondent no. 2 cancelling the allotment of industrial Plots No. 43 and 44. 2. The facts in brief are that Industrial Plots No. 43 and 44 were allotted vide allotment letter dated 11.05.2012 in favour of late husband of the petitioner, namely, Anirudh Singh Yadav, Proprietor of M/s Anushka Interlocking bricks. A formal lease deed was executed between the parties on 21.05.2012. The allotment of the plots was for using the demised land for establishing an industrial unit. Clause-1(f) of the lease deed is as follows: "That the Lessee will at his own cost erect on the demised premises in accordance with the layout plan, elevation and design prepared by the Chief Town & Country Planner to Govt. of U.P. and in a position to be approved both by the Director of Industries, in writing and in a substantial and workmanlike manner the Industrial unit as aforesaid, with all necessary outhouses, sewers, drains and other appurtenances, according to rules and bye-laws of in respect of building, drains, latrines and connections with sewers, and will commence such construction within the period of 6 months and will completely finish the same fit for use within the period of 18 months from the date of these presents or within such extended period of time as may be allowed by the District of Industries, U.P. in writing in his discretion." 3. The original allottee did not set up any industrial unit. Upon his death on 20.07.2019, the petitioner, his wife made an application dated 27.05.2022 for mutation of her name and which was allowed by order dated 08.08.2022 and it specifically provided that the terms and conditions of the original lease deed will continue to remain operative. 4. The petitioner even after mutation of her name did not construct the industrial unit over the demised land nor started any industrial activity over the same. The petitioner was served with several notices and thereafter, the department passed the impugned order dated 06.02.2025 terminating the lease on the ground that the petitioner had defaulted in setting up industrial unit in terms of the stipulations of the lease deed. The order also makes reference to a spot inspection and in which no plant and machinery was found at the site nor any industrial activity in progress. The petitioner challenged the said order by filing Writ-C No. 15705 of 2025 and the said petition was disposed of by a Co-ordinate Bench on 30.05.2025 with direction to the concerned respondent to consider her representation dated 09.06.2025. The representation of the petitioner was thereafter considered and has been rejected by order dated 10.06.2025. Again it has been held that since even after expiry of more than twelve years the petitioner has failed to set up any industry over the demised land, therefore, no good ground is made out to revisit the earlier decision. 5. It is not disputed before us that the petitioner has failed to comply with the condition of lease regarding setting up of industrial unit over the demised land within stipulated period of eighteen months or within the extended period of time, as may be allowed by the Director of Industries, U.P. in writing. The only submission is that the delay was not intentional and after the death of the husband of the petitioner her other family members also suffered from various ailments, therefore, the petitioner could not start any industrial activity over the allotted plots. 6. The purpose of allotment was to give impetus to industrialization, which could not be achieved so far. 7. The period within which industry was to be set up was essential part of the contract. As the petitioner has failed to set up industry even after expiry of thirteen years, we find no good ground to interfere with the order terminating the lease. 8. The petition lacks merit and is dismissed. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 22.7.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad