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Allahabad High Court

M/S KMP INDUSTRIESversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court held that the notice cannot be acted upon until the corporation adjudicates the issue, and stayed any coercive action for two months.

Summary

The petitioners, M/s KMP Industries, challenged a notice dated 23 June 2026 issued by the Uttar Pradesh State Industrial Development Corporation, arguing that it was contrary to the Uttar Pradesh Warehousing and Logistics Policy, 2018 and a Government Order of 23 July 2020. The respondents contended that the notice was merely procedural, that a reply had already been filed, and that an appropriate order would be passed in due course. The Court, without delving into the merits, directed the corporation to consider the reply and adjudicate the matter within two months. It also stayed any coercive action under the notice for the same period. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the notice dated 23 June 2026 could be issued in view of the Uttar Pradesh Warehousing and Logistics Policy, 2018 and the Government Order dated 23 July 2020
  • Whether coercive action under the notice can be taken pending adjudication

Subjects

  • Writ petition
  • Industrial policy
  • Notice
  • Stay of execution
  • Uttar Pradesh Warehousing and Logistics Policy
  • Administrative law

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 37682 of 2026

                                    M/s KMP Industries
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 2 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)       : Manoj Kumar Tiwari
                                    Counsel for Respondent(s)       : Anuj Pratap Singh, C.S.C., Vibhu Rai

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

                                    1. Contention of learned counsel for the petitioner is that in view of Uttar
                                    Pradesh Warehousing and Logistics Policy, 2018 and also Government
                                    Order dated 23 July 2020, the notice dated 23.06.2026 could not have
                                    been issued.

                                    2. Learned counsel for U.P. State Industrial Development Corporation,
                                    Shri Vibhu Rai, however submits that the petitioner has only been issued
                                    a notice, to which he has already submitted a reply, and he submits that an
                                    appropriate order will be passed in accordance with law.

                                    3. Without entering into the merits of the case, we direct that after
                                    considering the reply to the notice, the U.P. State Industrial Development
                                    Corporation shall adjudicate the issue and arrive at a logical conclusion
                                    expeditiously, preferably within a period of two months.

                                    4. With the aforesaid observations, the writ petition stands disposed of.

                                    5. For a period of two months, no coercive action pursuant to the notice
                                    dated 23.06.2026 shall be taken against the petitioner.



                                                              (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 18, 2026
                                    Mukesh Kr.




Digitally signed by :-
MUKESH KUMAR
High Court of Judicature at Allahabad


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