Allahabad High Court
SURENDRA AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that the matter required a factual enquiry and therefore did not grant mandamus, directing the petitioners to make a fresh representation before GNIDA.
Summary
The petitioners sought a writ of mandamus directing the Greater Noida Industrial Development Authority (GNIDA) to consider their claim for allotment of 6% developed abadi land in lieu of land acquired from them. GNIDA opposed the relief, arguing it was not permissible under the applicable scheme. The Court observed that the issue required a factual enquiry and that it could not decide the merits without further representation. Consequently, the Court ordered the petitioners to file a fresh representation before GNIDA within two weeks, attaching a copy of the order, and directed GNIDA to decide the matter expeditiously within six weeks. The writ petition was thereafter disposed without granting the relief sought.
Issues considered
- Whether a writ of mandamus can be issued directing GNIDA to consider the petitioners' claim for land allotment under the scheme in question
- Whether the petition is maintainable in the absence of a factual enquiry
Subjects
- mandamus
- writ petition
- land allotment
- GNIDA
- developed abadi
- factual enquiry
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 16423 of 2026
Surendra And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Raghubir Singh, Rakesh Kumar Singh
Counsel for Respondent(s) : Anjali Upadhya, C.S.C.
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard learned counsel for the petitioner; Shri Ambrish Shukla, learned
Additional Chief Standing Counsel for State respondents and Ms. Ishita
Sand holding brief of Ms. Anjali Upadhya, learned counsel for Greater
Noida Industrial Development Authority (in short "GNIDA").
2. The instant writ petition has been preferred seeking issuance of a writ in
the nature of mandamus directing the respondent - Greater Noida Industrial
Development Authority, Gautam Buddh Nagar, to consider the claim of the
petitioners for allotment of 6% developed abadi land in lieu of their acquired
land, comprising Khasra No. 288 admeasuring 1.0750 hectare and Khasra
No. 290 admeasuring 0.1640 hectare of Khata No. 44, and Khasra No. 291
(Ka) admeasuring 0.6960 hectare, Khasra No. 359 admeasuring 0.5560
hectare, and Khasra No. 365 admeasuring 0.3410 hectare of Khata No. 179,
situated in Village Tussiyana, Tehsil and District Gautam Buddh Nagar,
within a stipulated period, and to allot the same to the petitioners
accordingly.
3. Learned counsel for GNIDA has vehemently opposed the writ petition and
submitted that the relief, as has been prayed for, is not amenable under the
Scheme in question.
4. Considering the facts and circumstances of the case, we find that the issue
raised herein would require a factual enquiry. Without entering into the
merits of the case, we direct that the petitioner shall file a fresh
representation before the respondent authority within two weeks from today
along with a copy of this order and the respondent authority is under
WRIC No. 16423 of 2026
2
obligation to take an expeditious decision by passing a reasoned and
speaking order strictly in accordance with law, preferably within a further
period of six weeks.
5. The writ petition is disposed of, accordingly.
May 6, 2026
Mukesh Kr.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
Digitally signed by :-
MUKESH KUMAR
High Court of Judicature at Allahabad
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