Allahabad High Court
FACTORY OWNERS ASSOCIATION AND 4 OTHERSversusSTATE OF U.P. AND 9 OTHERS
- Decided
Holding
The petition is dismissed as not pressed because the authority letter does not confer valid legal authorization.
Summary
The Factory Owners Association and four others filed a public interest litigation under Article 226 of the Constitution seeking a mandamus directing the State to halt construction of a Rail Over Bridge on government land in the Nunhai Industrial Estate, Agra, and to shift the project elsewhere. The petition relied on an authority letter from the President of the Association, which the Court held did not constitute valid legal authorization. The Court examined whether the petition was maintainable without proper authorization and whether it was pressed. Finding the authorization insufficient and the petition not pressed, the Court dismissed the petition but granted leave to the petitioners to file fresh proceedings in compliance with law. No substantive order regarding the construction was issued.
Issues considered
- Whether the petitioners have valid legal authority to file the PIL on behalf of the Factory Owners Association.
- Whether a writ of mandamus can be issued to stop the construction of the Rail Over Bridge.
- Whether the petition is pressed and maintainable under Article 226.
Legislation cited
- Constitution of India — s. Article 226
Subjects
- Public Interest Litigation
- Mandamus
- Rail Over Bridge
- Authorization
- Industrial Estate
- Government Land
- Petition not pressed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 665 of 2026
Factory Owners Association And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Alok Kumar Dwivedi, Arti Agarwal,
Indra Deo Mishra, Jigyasa Singh
Counsel for Respondent(s) : C.S.C., Prateek Kumar
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard learned counsel for the petitioners, Mr. Devesh Vikram, learned
Additional Chief Standing Counsel appearing for the State-respondents,
and Shri Prateek Kumar, learned counsel appearing for respondent nos. 8
and 9.
2. The instant Public Interest Litigation has been preferred under Article
226 of the Constitution, inter alia, seeking the following reliefs:
"a) Issue a writ, order or direction in the nature of mandamus directing
the respondents to stop the construction of proposed project for Rail Over
Bridge on Main Road in Industrial Estate Nunhai, Agra for the outside
residential Colony of Prakash Nagar Unit, Plot No. 71 to 53 situated
within the boundary of Industrial Development which is Government
Land,
b) Issue a writ, order or direction in the nature of mandamus directing
the respondent to shift the aforesaid Rail Over Bride (hereinafter referred
as ROB) Project to somewhere else so that justice can be done to the
factories run under the Estate Nunhai.
c) Issue any other suitable writ, order or direction which this Hon'ble
Court may deem fit and proper in the facts and circumstances of the case.
d) Award the costs of the petition to the petitioners."
WPIL No. 665 of 2026
2
3. The instant petition has been preferred as a Public Interest Litigation on
the basis of an authority letter issued by the President, Factory Owners’
Association, which is filed as Annexure-2 to the petition. The said letter
does not confer any valid authorization in the eyes of law.
4. In the facts and circumstances of the case, we do not recognize the said
authorization, as the same is not in accordance with law.
5. Confronted with the aforesaid situation, learned counsel for the
petitioners fairly submits that the instant Public Interest Litigation be
dismissed as not pressed, and leave may be accorded to the petitioners to
institute a fresh proceedings in accordance with law.
6. With the aforesaid leave, the petition is dismissed as not pressed.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
March 19, 2026
Mukesh Kr.
Digitally signed by :-
MUKESH KUMAR
High Court of Judicature at Allahabad
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