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2025 DAILYLAW 102416 (ALL)

DEEPAK KUMAR AND ANOTHER v. UNION OF INDIA AND ANOTHER

WRIC/34353/2025 · 2025-09-25

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34353 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Rupendra Kumar Mishra, learned counsel for the petitioners and Shri M.K. Pandey, learned counsel appearing for the State respondents. 2. This writ petition has been filed seeking following prayer: " (i) to issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to decide the petitioners' objection dated 11.06.2025 filed under Section 3C of the National Highways Act, 1956 (vide annexure no. 3 to this Writ Petition) in accordance with law within such period as may be fixed by this Hon'ble Court." 2. Learned counsel for the petitioners submits that recently Government has made notification in Official Gazette under Section 3A of the National Highways Act, 1956, and the same was notified on 26.05.2025 and published in a daily newspaper on 30.05.2025. He submits that the petitioner had already filed an objection on 11.06.2025 and till date in spite of reminders the objection has not been considered and there is every likelihood that without deciding the objection, the respondent authority may proceed to pass a notification under Section 3D of the National Highways Act, 1956, 3. Considering the factual situation without adverting into merit of the case, it is directed that in case the petitioner files an objection within the stipulated period and the declaration has still not been done under Section 3D of the National Highways Act 1956, it is expected that the competent authority must decide the objection of the petitioner in accordance with law. 4. With aforesaid observation the writ petition is disposed of . September 26, 2025 Saurabh Versus Counsel for Petitioner(s) : Rupendra Kumar Mishra Counsel for Respondent(s) : A.S.G.I., C.S.C. (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Deepak Kumar And Another .....Petitioner(s) Union Of India And Another .....Respondent(s) Digitally signed by :- SAURABH High Court of Judicature at Allahabad