Allahabad High Court
M/S Indu Timber Products Pvt Ltd vs State Of U.P. And 2 Others on 7 April, 2025
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:49694-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.41) Court No. - 21 Case :- WRIT - C No. - 3744 of 2025 Petitioner :- M/S Indu Timber Products Pvt Ltd Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- Anuj Pratap Singh,C.S.C.,Vineet Pandey Hon'ble Manoj Kumar Gupta,J.
Hon'ble Anish Kumar Gupta,J.
1. The prayer made in the instant petition is for issuance of writ of mandamus restraining respondent no.3 from making forceful entry or demolishing the building existing over S-18/5 Site IV Sahibabad Industrial Area Ghaziabad U.P. without adopting due process of law. The petitioner claims title over the subject land through different sale deeds.
2. The case of the petitioner is that a plywood and wood based industry is in existence over the subject land. A civil suit was filed by the Uttar Pradesh Industrial Development Corporation (hereinafter referred to as the 'UPSIDC') (O.S. No. 548/91) against Mukesh Sharma, the Director of the petitioner company claiming title over the subject land and the said suit was dismissed by the trial court vide judgment dated 02.09.1998. The appeal filed by UPSIDC was also dismissed. However, on 29.01.2025, the officers of respondent no.2 visited the petitioner's unit and threatened to demolish the constructions.
3. Sri Vineet Pandey, learned counsel appearing on behalf of UPSIDC submits that the UPSIDC has not taken any action in the matter so far nor has issued any notice of demolition. He submits that the UPSIDC will also not take any action for demolition except in accordance with law. It is further stated that the same land is also being claimed by one Usha Rani.
4. As the specific case of UPSIDC is that it has not issued any notice for demolition and will act strictly in accordance with law, therefore, we are of the opinion that the petition deserves to be disposed of in terms of the statement made on behalf of UPSIDC.
5. The petition stands disposed of accordingly by providing that UPSIDC will act strictly in accordance with law.
Order Date :- 7.4.2025 Ashish Pd.
(Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.)