Neutral Citation No. - 2025:AHC:132532-DB Court No. - 29 Case :- WRIT - C No. - 25092 of 2025 Petitioner :- Kesha Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Km. Madhubala,Mithilesh Kumar Counsel for Respondent :- C.S.C.,Santoosh Kumar Dwivedi Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri Mithilesh Kumar, learned counsel for the petitioner, Sri Ambrish Shukla, learned Additional Chief Standing Counsel for State-respondent nos.1 and 2 and Sri S.K. Dwivedi, learned counsel for respondent no.3. 2. The instant writ petition has been filed with a prayer to quash impugned order dated 20.10.2022 passed by respondent no.3 i.e. Chief Executive Officer, Bhadohi Industrial Development Authority (BIDA), Bhadohi. In the alternative, it is also prayed that representation dated 07.07.2025 may be decided in accordance with law. 3. At the outset, Sri S.K. Dwivedi, learned counsel for respondent no.3 raised any objection qua maintainability of the writ petition on two fold submissions. Firstly, on the ground that the petitioner has earlier filed a writ petition being Writ C No.-25114 of 2025 (Vinod Kumar and others v. State of U.P. and others) wherein it was prayed that respondent-BIDA be directed to not to encroach upon land of the petitioners therein. He submits that earlier the petitioner has preferred a representation on 26.07.2022 wherein it was stated that the respondent authority without any notice and information to the petitioner, came on the spot and tried to take possession, although the land was never acquired nor any compensation was paid to the petitioner. He further submits that in response of the above, the respondent authority has already passed order on 20.10.2022, which has now been assailed in this second writ petition preferred on behalf of the petitioner. In the aforesaid backdrop, he submitted that the land would be taken only on the basis of agreement and till date there is no measurement of the land in question. He apprised the court that huge chunk of land is required for the industrial development under the U.P. Industrial Area Development Act, 1976. He submitted that later on the authority had published notification indicating their holding for settling the matter through negotiation. He submits that at no point of time, the authority is going to take possession of the land without taking recourse to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He further submits that in the similar circumstances, Writ C No.25114 of 2025 has been disposed of vide order dated 31.07.2025. 4. In the facts and circumstances, we dispose of the writ petition with an observation that the tenure holder of the land in question cannot be compelled to hand over the possession of their holding except in accordance with law. Order Date :- 6.8.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi, J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad