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2025 DAILYLAW 108570 (ALL)

MOHD JAKIR AND ANOTHER v. PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA AND 2 OTHERS

WRIC/39163/2024 · 2025-01-15

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6110-DB Court No. - 21 Case :- WRIT - C No. - 39163 of 2024 Petitioner :- Mohd Jakir And Another Respondent :- Project Director National Highway Authority Of India And 2 Others Counsel for Petitioner :- Rajesh Dutta Pandey,Sachin Counsel for Respondent :- C.S.C.,Pranjal Mehrotra,Vaibhav Tripathi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed praying for a writ of mandamus commanding the respondents to consider and decide the claim of the petitioners in relation to payment of compensation at non-agricultural rate. The claim is based on an award dated 5.9.2018. 2. It is submitted that contrary to the award, the compensation is being paid at agricultural rate. 3. Learned State Counsel has placed on record the written instructions received from the competent authority dated 10.12.2024, according to which, award dated 5.9.2018 was amended on 18.1.2019. Copy of the amended award has been annexed along with written instructions. Copy of the same has also been provided to learned counsel for the petitioners. 4. At this stage, Sri R.D. Pandey, learned counsel for the petitioners, prays for withdrawal of the instant petition with liberty to seek proper remedy against the amended award dated 18.1.2019. 5. The prayer made is allowed. 6. The petition is disposed of as withdrawn with liberty in terms of the prayer made. 7. The order has been passed in the presence of Sri Pranjal Mehrotra, learned counsel appearing on behalf of respondent no. 1. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 15.1.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad