Uttar Pradesh State Industrial Development Authority Thru. Regional Manager Mr. Ajai Deep Singh Vs Hindustan Petroleum Corporation Ltd. Thru. Its Deputy General Manager and 3 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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MATTERS UNDER ARTICLE 227 No. - 5685 of 2025

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Uttar Pradesh State Industrial Development Authority Thru. Regional Manager Mr. Ajai Deep Singh

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.....Petitioner(s)

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Versus

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Hindustan Petroleum Corporation Ltd. Thru. Its Deputy General Manager And 3 Others

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Deputy General Manager And 3 Others .....Respondent(s) Counsel for Petitioner(s) : Kartikey Dubey, Gaurav Mehrotra Counsel for Respondent(s) : Shikhar Anand, C.S.C.

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Court No. - 7

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HON'BLE JASPREET SINGH, J.

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Heard Sri Gaurav Mehrotra learned counsel assisted by Sri Kartikey Dubey learned counsel for the petitioner.

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Notice on behalf of the respondent nos. 2 and 4 has been accepted by the office of the Chief Standing Counsel. Sri Shikhar Anand learned counsel has accepted notice on behalf of the respondent no. 1.

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By means of the instant petition, the petitioner prays for the following reliefs :-

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(i) Issue any appropriate order or direction commanding the learned court of Additional Civil Judge(Senior Division), court no. 42, Lucknow to expeditiously decide the Regular Suit No. 2044 of 2021, Hindustan Petroleum Corporation Ltd. versus State of U.P. through District Magistrate, Lucknow pending before it, within such time framed as this Hon'ble Court may deem just and proper.

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(ii) Issue any other appropriate order or direction which this Hon'ble Court may deem just and necessary in the circumstances of the case, protecting the rights and interests of the petitioner, may also be passed.

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Sri O.P. Srivastava, learned Senior counsel assisted by Sri Shikhar Anand learned counsel for the opposite party no. 1 submits that the prayer as sought by the petitioner cannot be granted and in case if the petitioner

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A227 No. 5685 of 2025

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2

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seeks expeditious disposal it is always open for the petitioner to move an appropriate application before the court concerned.

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Having considered the aforesaid submission of the parties and noticing the prayer, this Court finds that the petitioner as well as respondent nos. 1 to 4 are all different instrumentality of the State. A suit for injunction was filed by the respondent no. 1 on 12.11.2021. The pleadings have been exchanged and the issues as reflected from the record were framed on 28.3.2024 and since then the respondent no. 1 who is the plaintiff ought to have filed their evidence but the same has not yet been done.

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It is not desirable for either instrumentality of the State to come up before this court for seeking expedition for the reason that they themselves should be responsible enough to co-operate in the suit so that the proceedings can be taken to its logical conclusion at the earliest. There is no explanation that once the issues were framed on 28.3.2024 then why the respondent no. 1 who is the plaintiff himself has not filed their evidence/examination-in-chief till date.

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In the aforesaid circumstances, this Court is not inclined to entertain the petition, however, it is observed that both the parties should be vigilant enough to participate in the proceeding diligently and liberty will be available to the petitioner to move an application for expedition before the trial court who shall pass appropriate orders thereon and in case if any party tries to misuse the liberty, the court concerned shall take strict view of the same and pass appropriate orders in accordance with law.

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It has been informed that suit has been listed on 7.10.2025. It is expected that both the parties shall participate in the proceedings diligently and in case if they do not so, the trial court will be well within its right to pass appropriate order.

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With the aforesaid, the petition is disposed of.

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(Jaspreet Singh,J.)

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September 22, 2025 kanhaiya

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Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Uttar Pradesh State Industrial Development Authority Thru. Regional Manager Mr. Ajai Deep Singh v. Hindustan Petroleum Corporation Ltd. Thru. Its Deputy General Manager and 3 Others

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Uttar Pradesh State Industrial Development Authority Thru. Regional Manager Mr. Ajai Deep Singh v. Hindustan Petroleum Corporation Ltd. Thru. Its Deputy General Manager and 3 Others

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