Allahabad High Court
KUSUM BHATIversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
A writ petition filed only against a notice may be entertained, but the petitioner must first file a reply within two weeks, after which the matter will be considered, and the status quo is to be maintained pending further hearing.
Summary
The petitioner, Ms. Kusum Bhati, filed a writ petition challenging a notice issued by the Greater Noida Industrial Development Authority. The respondents objected, arguing that a petition cannot be filed merely against a notice. The Court accepted the respondents' preliminary objection, directing the petitioner to submit a reply to the notice within two weeks and granting a personal hearing thereafter. It ordered that the status quo be maintained for two months, restraining the petitioner from any construction or creating third‑party rights over the disputed land. After these directions, the Court disposed of the writ petition.
Issues considered
- Whether a writ petition can be entertained when it is filed solely against a notice
- Whether the petitioner should be restrained and the status quo maintained pending a reply to the notice
Subjects
- writ petition
- notice
- preliminary objection
- status quo
- restraining order
- industrial development authority
- land dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37699 of 2026
Kusum Bhati
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shashi Kumar
Counsel for Respondent(s) : Anjali Upadhya, C.S.C.
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. At the outset, Ms. Anjali Upadhya, learned counsel appearing for the
Greater Noida Industrial Development Authority, raised a preliminary
objection, stating that the writ petition has been filed only against a
notice. The petitioner has every right to file objections to the said notice.
2. We find substance in the submission of learned counsel for the Greater
Noida Industrial Development Authority.
3. Under such circumstances, we expect that, if the petitioner submits a
reply to the said notice within a period of two weeks from today, the same
shall be duly considered and logical order shall thereafter be passed after
considering the reply to the notice.
4. Needless to mention, the petitioner shall also be afforded an
opportunity of personal hearing.
5. For a period of two months, the parties shall maintain status quo as it
exists today. The petitioner is further restrained from raising any further
construction or creating any third-party rights over the land in dispute.
6. With the aforesaid observations, the writ petition stands disposed of.
(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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