Allahabad High Court
ADITYA BIRLA FASHION AND RETAIL LIMITEDversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VINOD DIWAKAR
Holding
The petition is disposed with liberty to file a reply; interim protection is granted pending such reply, and no coercive action shall be taken for five weeks.
Summary
The petitioners, Aditya Birla Fashion and Retail Ltd., filed a writ petition seeking to quash a communication (No. 938/Stamp Clerk/2023) issued by the Additional District Magistrate (Finance and Revenue), Kanpur Nagar. The petition raised procedural and substantive objections to the said communication. The High Court, after noting the counsel’s submissions, disposed of the petition without deciding the merits, granting the petitioners liberty to file a reply within one week of the order. The Court directed that, upon receipt of a reply, the respondents must consider the contentions, afford a hearing, and pass a reasoned order within four weeks. No coercive action may be taken against the petitioners for five weeks from the date of the order, and the protection granted will lapse automatically if no reply is filed within the stipulated time.
Issues considered
- Whether the communication No. 938/Stamp Clerk/2023 issued by the Additional District Magistrate can be quashed.
- Whether the petitioners are entitled to interim protection pending a hearing on the merits.
Subjects
- writ petition
- quash order
- interim protection
- procedural order
- High Court of Allahabad
- reply deadline
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 32262 of 2026
Aditya Birla Fashion And Retail Limited
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dhruv Pratap Singh, Divya Prakash
Tripathi, Tanmay Sadh
Counsel for Respondent(s) : C.S.C.
Court No. - 38
HON'BLE VINOD DIWAKAR, J.
1. The present writ petition has been filed, inter alia, seeking quashing of the
impugned communication bearing No. 938/Stamp Clerk/2023, issued from
the office of the Additional District Magistrate (Finance and Revenue),
Kanpur Nagar.
2. The instructions filed by Shri Siddharth Singh, learned Standing Counsel,
are taken on record.
3. The petition is disposed of with liberty to the petitioner to submit a reply
to the notice. In the event such reply is filed, the respondent shall consider
and record findings on the contentions raised therein and pass a reasoned and
speaking order after affording an appropriate opportunity of hearing to the
petitioner. If the reply is filed within one week from the date of receipt of a
copy of this order, the same shall be considered and decided within the next
four weeks. Till the expiry of five weeks from today, no coercive action
shall be taken against the petitioner.
4. In the event the reply is not filed within one week from the date of receipt
of a copy of this order, the protection granted by this order shall
automatically stand vacated.
September 21, 2026
Shafique
(Vinod Diwakar,J.)
Digitally signed by :-
SAFIKUR RAHAMAN
High Court of Judicature at Allahabad
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