JITENDRA SINGH BAJWA AND ANOTHERversusSTATE OF U.P. AND 9 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - C No. - 36544 of 2026

Jitendra Singh Bajwa And Another
                                                                   .....Petitioner(s)
                                      Versus

State Of U.P. And 9 Others
                                                                 .....Respondent(s)

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

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,
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     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.
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                                    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.



                                                                         (Vivek Saran,J.) (Prakash Padia,J.)
                                    September 30, 2026
                                    Swati




Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad