SHRI BALAJI METALS, PROPRIETORSHIP CONCERN ITS PROPRIETOR AMIT GUPTA v. STATE OF U.P. AND 6 OTHERS
WRIC/26231/2025 · 2025-08-05
Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
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[ 2025 DAILYLAW 83116 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83116 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:132640-DB Court No. - 3 Case :- WRIT - C No. - 26231 of 2025 Petitioner :- Shri Balaji Metals, Proprietorship Concern Its Proprietor Amit Gupta Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Mahima Jaiswal,Mohini Jaiswal Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel appearing on behalf of the petitioner as well as learned counsel appearing on behalf of respondent No.4.
2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner has made the following prayers:
"i. Issue a writ order or direction in nature of mandamus directing to Respondent No.3 from not interfering in any manner with the lawful removal of the plant and machineries by the petitioner and to further direct the petitioner not to be liable to pay electricity bill arising from the usage by the respondent no.3. ii) Issue a writ order or direction in nature of mandamus directing the respondent no.5 to provide adequate police protection to the petitioner for removal of remaining machineries from the premises of respondent no.3."
3. We are of the view that the petitioner should be directed to file a fresh representation before the concerned District Magistrate, seeking appropriate directions in light of the order dated 05.04.2025 passed by a coordinate Bench of this Court in Writ-C No. 38193 of 2023 (M/s. Shri Balaji Metals Vs. Chief Manager, Canara Bank and others). It is to be noted that the order dated 05.04.2025 was taken up in appeal but the petition for special leave to appeal was dismissed by the Hon'ble Supreme Court on
21.04.2025.
4. If the petitioner makes an appropriate application, the District
Magistrate is directed to grant an opportunity of hearing to all the relevant persons including respondent No.3 and thereafter pass an appropriate order in accordance with law.
5. With the above direction, the writ petition is disposed of. Order Date :- 6.8.2025 K.Tiwari (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad