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2026 DAILYLAW 10527 (ALL)

JITENDRA SINGH BAJWA AND ANOTHER v. STATE OF U.P. AND 9 OTHERS

WRIC/36544/2026 · 2026-09-29

Prakash Padia, Vivek Saran

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36544 of 2026 Court No. - 5 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard Shri Anurag Khanna, learned Senior Counsel assisted by Shri Varad Nath, learned counsel for the petitioners, learned Standing Counsel who has accepted notice on behalf of Respondent Nos.1, 3, 4 & 5, Shri J.N. Maurya, learned counsel appearing on behalf of Respondent No.2, Shri Pankaj Srivastava, learned counsel appearing on behalf of Respondent Nos.6 & 7, Shri Shiv Prakash Gupta, learned counsel appearing on behalf of Respondent No.8 and Shri Pradeep Kumar Tripathi, learned counsel appearing on behalf of Respondent Nos.9 & 10. 2. The petitioners have preferred the present writ petition inter-alia with the following prayer:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 21.08.2026 (Annexure No. 3) passed by the District Magistrate, Meerut. (ii) Issue a writ, order or direction in the nature of certiorari quashing the recovery certificate dated 06.03.2026 and the recovery citation/writ of demand dated 09.03.2026 insofar as the same are directed against the Petitioners personally. (iii) Issue a writ, order or direction in the nature of certiorari quashing the impugned letter dated 16.01.2026 issued by the Nagar Nigam, Versus Counsel for Petitioner(s) : Raghav Dev Garg, Sr. Advocate, Varad Nath, Yashvi Agarwal Counsel for Respondent(s) : C.S.C., J.N. Maurya, Pankaj Srivastava, Pradeep Kumar Tripathi, Shiv Prakash Gupta Jitendra Singh Bajwa And Another .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s) Meerut. (iv) Issue a writ, order or direction in the nature of mandamus directing the Respondents not to initiate or proceed with any recovery proceedings in pursuance of the order dated 04.03.2025 passed by the Hon'ble National Green Tribunal, Principal Bench, New Delhi in OA No. 492 of 2022, against the personal assets of the Petitioners or any person other than M/s Godwin Construction Company Private Limited." 3. It is argued by the counsel for the petitioners that the recovery is being effected by the District Collector against the petitioners in their personal capacity, being erstwhile directors of the company, which could not be done in view of the law laid down by this Court in the case of Rakesh Mahajan vs. State of U.P. and Others reported in (2020) 2 All LJ page 501. It is further argued that proceedings for recovery has been initiated against the petitioners pursuant to an order dated 04.03.2025 passed by the National Green Tribunal, Principal Bench, New Delhi and the company has already been dissolved on 07.07.2025 and its name was struck off from the register of companies. 4. On the other hand, it is argued by the counsel for the respondents that in place of approaching this Court under Article 226 of the Constitution of India, the petitioners should approach the National Green Tribunal, Principal Bench, New Delhi raising all their grievances as has been raised in the present writ petition. 5. This has not been objected by the learned Senior counsel appearing on behalf of petitioners. 6. In this view of the matter and with the consent of the counsel for the parties, the present writ petition is disposed of finally permitting the petitioners to raise all their grievances as has been raised by them in the present writ petition before the National Green Tribunal, Principal Bench, New Delhi within a period of three weeks from today. The same time be also granted to the respondents to file their objections, if so advised before the National Green Tribunal, Principal Bench, New Delhi. If it is so, the National Green Tribunal, Principal Bench, New Delhi is requested to take a decision in the matter, expeditiously. WRIC No. 36544 of 2026 2 7. Till the time the decision is taken on the application of the petitioners, no coercive action be taken against them by the Respondent No.3 namely District Magistrate, Meerut pursuant to his order dated 21.08.2026, copy of which is appended as Annexure-3 to the writ petition and the same will be subject to the final outcome of the decision now be taken by the National Green Tribunal, Principal Bench, New Delhi. September 30, 2026 Swati WRIC No. 36544 of 2026 3 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad