Neutral Citation No. - 2025:AHC-LKO:47248-DB Court No. - 2 Case :- WRIT - C No. - 7362 of 2025 Petitioner :- Mahesh Pratap Singh And 2 Others Respondent :- U.O.I. Thru. Secy. Ministry Of Road Transport And National Highways New Delhi And 5 Others Counsel for Petitioner :- Yogesh Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Sarvesh Kumar Dubey Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State Respondents. 2. Sri Sarvesh Kumar Dubey, learned counsel for the respondent, has not appeared to assist this Court, although the matter has been called out repeatedly on earlier occasions also. 3. This petition has been filed with the following main prayer:- "(I) Issue a writ, order or direction in the nature of certiorari thereby quashing the order or relocation and resettlement of rest area of 84 Kosi Parikarma Marg of N.H. 227 B-II, regarding plot no.609,, 613, 611 and 612 situated at village- Sherwa (Uphar) Pargana- Amsin, Tahsil and District- Ayodhya of petitioners by summoning it in it's original from it's custodian." 4. It is the case of the petitioners that Central Government has issued Notification under Section 3A(1) of the National Highway Act to acquire certain land for road widening purposes for 84-Kosi Parikarma Marg Package II in District Ayodhya and its adjoining District i.e. Basti, Barabanki and Gonda for construction of 84-Kosi Parikarma Marg. The national highway is proposed to pass through the village of the petitioners where agricultural land of the petitioners were acquired. The petitioners have no objection in construction of highway which if made as per law will not disturb the petitioners' possession over plot nos.609, 611, 612 and 613 of Village Serwa Uparhar. However, now the respondent National Highway Authority of India is constructing rest area connected to 84- Kosi Parikarma Marg without acquiring the plots in question, which are still bhumidhari land of the petitioners. This entire action is being taken by the respondents in a malafide manner only to save plot of one villager Ravi Singh, who has Gata No.541 and 542 which was earlier planned for rest area. The petitioners have submitted representations to the Commissioner and again to the Executive Engineer, but no heed has been paid. Hence this petition has been filed. 5. Learned Standing Counsel has produced before this Court instructions sent by the Tehsildar, Sadar, Ayodhya, wherein it has been stated that land of plot nos.609, 611 and 612 of Village Serwa Uparhar have not been acquired. Only Gata No.613 has been acquired and Notification under Section 3D was published on 02.01.2024. 6. It has also been stated that there is a proposed widening of National Highway 227B from kms. 29 (Village- Sarpur) to Kms.47.878 (Village- Gosainganj) Package-II, but there is no proposal for acquisition of land for earmarking the rest area. 7. Instructions are kept on record. 8. This petition is disposed of with a direction to the National Highway Authority of India not to construct any rest area over the land which has not been acquired by it. Order Date :- 13.8.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench