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Allahabad High Court

KADEER AND 3 OTHERSversusSTATE OF U.P. AND 9 OTHERS

Decided

Holding

The writ petition is disposed with a direction that the petitioners file an exhaustive application before GNIDA within two weeks, after which the grievance should be redressed within three months, and no further mandamus orders are granted.

Summary

The petitioners sought a writ of mandamus directing the Greater Noida Industrial Development Authority (GNIDA) to execute a lease‑back deed for their 0.1150‑hectare share of plot No.152M, to prevent any allotment of that share to others, to protect their possession, and to consider a representation dated 20‑April‑2026. GNIDA, the respondent, raised no objection to the reliefs. The Court examined whether it could issue such mandamus orders and noted that the petitioners had confined their prayer to an expeditious disposal of their applications. With the consent of both parties, the Court disposed of the writ petition, directing the petitioners to file a comprehensive application before GNIDA within two weeks. The Court further observed that, absent any legal impediment, the petitioners' grievance should be resolved within three months of filing the application.

Issues considered

  • Whether the High Court can issue a mandamus directing GNIDA to execute a lease‑back deed in favour of the petitioners.
  • Whether the Court can restrain GNIDA from allotting the petitioners' share of the plot to any other person.
  • Whether the Court can direct GNIDA to consider and decide the petitioners' representation dated 20‑April‑2026.

Subjects

  • lease‑back
  • mandamus
  • writ petition
  • GNIDA
  • industrial development authority
  • possession
  • Uttar Pradesh
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - C No. - 37311 of 2026

Kadeer And 3 Others
                                                               .....Petitioner(s)
                                    Versus

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

Counsel for Petitioner(s)        : Ajay Kumar Mishra, Rakesh Kumar
                                   Srivastava
Counsel for Respondent(s)        : Anjali Upadhya, C.S.C.

Court No. - 29
                  HON'BLE SIDDHARTHA VARMA, J.
                  HON'BLE KUNAL RAVI SINGH, J.

1. Heard Shri Rakesh Kumar Srivastava, learned counsel for the
petitioners, Ms. Uttara Bahuguna, learned Addl. Chief Standing Counsel
for the State-respondents and Ms. Anjali Upadhya, learned counsel for the
respondent - Greater Noida Industrial Development Authority (GNIDA).

2. This writ petition is preferred for the following principal reliefs :

     "i) Issue a writ, order direction in the nature of mandamus
     directing the respondent authorities to execute lease deed (lease
     back) in favour of petitioners in respect of their share in the
     aforesaid plot no.152 M in pursuance to letter dated 1.11.2015
     issued by the respondent no.3.

     ii) Issue a writ order or direction in the nature of mandamus
     commanding the respondents authority not to allot the share of
     petitioners in the aforesaid plot no152M to any other person.

     iii) Issue a writ order or direction in the nature of mandamus
     commanding the respondents authority not to disturb the
     possession of petitioners from their share in the aforesaid plot
     no.152M.

     (iv) Issue a writ order or direction in the nature of mandamus
     commanding respondents authority to consider and decide the
     representation of petitioners dated 20.04.2026 in accordance
     with law."

3. The petitioners claim lease-back of their land, admeasuring 0.1150
hectares, situated in Village-Khanpur, Tehsil-Sadar, District Gautam
Budh Nagar. They have also sought a direction to the Greater Noida
Industrial Development Authority (GNIDA), respondent No.4, to decide
their application dated 20.4.2026.
                                                                                          WRIC No. 37311 of 2026
                                                                   2


                                    4. Ms. Anjali Upadhya, learned counsel for the respondent - Greater
                                    Noida Industrial Development Authority has no objection to the said
                                    relief.

                                    5. Considering the facts and circumstances of the case and, as the
                                    petitioners have confined their prayer to a direction for expeditious
                                    disposal of their applications in accordance with law, with the consent of
                                    the parties, the writ petition is disposed of with the observation that the
                                    petitioners may file an exhaustive application before respondent No.4-
                                    GNIDA within two weeks from today. It is expected that, if there is no
                                    other legal impediment, the grievance of the petitioners shall be redressed
                                    within a further period of three months from the date of filing of such
                                    application.


                                                              (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 23, 2026
                                    GS




Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad


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