HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31090 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The present writ petition has been filed essentially for getting conducted investigation into the affairs of the respondent, company-M/s Sun City Hi-Tech Project Pvt. Ltd., and its shell companies under Section 206 of the Companies Act, 2013 and for monitoring of the investigation by this Court. 2. The case of the petitioners is that the said company and its shell companies have played fraud inasmuch as they have succeeded in grabbing the agricultural land of the farmers in the name of developing a Hi-Tech City, but according to the petitioners, the same has not been done. Counsel for the petitioners has cited judgment of the Supreme Court in Rameshwar and others v. State of Haryana and others, (2018) 6 SCC 215 in support of the submission. 3. Shri Krishna Agarwal, learned counsel appearing for Union of India submits that the petitioners have voluntarily transferred their land by executing sale-deeds in favour of the respondent-company and now the main object of seeking investigation is to avoid the consequences of their having executed sale-deed in favour of the respondent-company. It is submitted that the petition is wholly malicious. 4. A perusal of the averments made in the writ petition reveals that petitioner No. 2 herein has filed Original Suit No.381 of 2012 for cancellation of sale-deed. It has not been disclosed as to what is the date of sale-deed and it is also not stated clearly as to who executed the said Versus Counsel for Petitioner(s) : Ashutosh Kumar Tiwari Counsel for Respondent(s) : A.S.G.I., C.S.C. Narayan Singh And 2 Others .....Petitioner(s) Union Of India And 5 Others .....Respondent(s) sale-deed and in whose favour. However, from the submissions made and the documents annexed, it appears that the said sale-deed was by petitioner No. 2 in favour of the respondent-company. Thereafter, on 19.01.2019, Civil Appeal No.17 of 2019 has been filed and it is still pending. There is no clear disclosure about the fate of the suit. It is only when the Court made query from counsel for the petitioners, he states that the suit has been dismissed. The judgment of the trial court dismissing the suit has also not been annexed. 5. Interestingly, in paragraph 2 of the writ petition, it is stated that the petitioners have filed various writ petitions before this Court for cancellation of the sale-deeds obtained by the respondent-company, relying on the same judgment of the Supreme Court, i.e., Rameshwar and others (supra) but details of the petitions have not been given. There is also no disclosure as to the fate of these petitions except mentioning that the present petition is for a different relief. Since the petitioners have invoked the discretionary jurisdiction, they should have made full disclosures about all previous litigations pertaining to the issue. Filing of several petitions without making proper disclosures disentitles them to any discretionary relief. 6. Apart from the above aspect, we notice that on the application of the petitioners, it has been informed to them by Senior Assistant Director Serious Fraud Investigation Office that their application/complaint has been forwarded to Registrar of Companies, Delhi for information and necessary action. 7. Under Section 213(b) of the Companies Act, 2013, the Tribunal has been conferred with specific power to get the affairs of the company investigated after being satisfied that any of the circumstances stipulated under sub-clause (i) to (iii) are fulfilled. It is wide enough to cover the allegations made herein. Thus, the said remedy is also available to the petitioners. 8. In the aforesaid facts and circumstances, we decline to issue any direction for enquiry in the present petition or to monitor the same and leave it open to the petitioners to avail the aforesaid remedy, if so advised. WRIC No. 31090 of 2025 2 9. Before parting, we clarify that the present order should not be treated as expression of opinion on legitimacy of any action of the respondent- company and will have no effect on the pending litigations. 10. The petition stands disposed of, accordingly. September 9, 2025 Mukesh Kr. WRIC No. 31090 of 2025 3 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad