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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35763 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Pankaj Baranwal and Sri K.P. Pandey, learned counsel for the petitioner, Sri Suresh Singh, learned Additional Chief Standing Counsel for the State-respondents and Sri R.K. Jaiswal, learned counsel for Union of India. 3. The instant writ petition has been filed seeking following reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 04.09.2025 issued u/s 3(E) of National Highway Act by respondent No.3 in respect of land bearing Arazi no.133 area 0.1520 acre and Arazi no.131 area 0.0670 acre situated at Vill Kabiruddinpur, Tehsil Sadar District Jaunpur. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent not to release the amount of compensation in favour of any person and to keep it in Govt Treasury the compensation of Land Acquisition in respect of arazi no.131/0.067 acre and arazi no.133/0.152 acre situated at Village Kabiruddinpur, Pargana Saremu, Tehsil Sadar, District Jaunpur till the proper adjudication of civil suit no.37 of 2011; Radha Devi vs. Anita pending in the court of Civil Judge (J.D.) Jaunpur by deciding representation dated 17.02.2025. "
4. Learned counsel for the petitioner submits that as he has already filed a detailed objection before the competent authority in view of the provisions contained under Section 3-H(4) of the National Highways Act, 1956 instead of deciding the same, the authority has proceeded to disburse the compensation in favour of the respondent no.4, 5 & 6. Accordingly, the notices have been issued. 5. Learned counsel for the petitioner has confined his relief under Section 3-H(4) of the National Highways Act, 1956, which may be decided in accordance with law. Versus Counsel for Petitioner(s) : Keshawa Prasad Pandey, Pankaj Baranwal Counsel for Respondent(s) :
A.S.G.I., C.S.C. Radha Devi .....Petitioner(s) Union Of India And 5 Others .....Respondent(s)
6. Considering the factual situation at this stage, we do not find any reason to keep the matter pending consideration or to issue notice to the respondent nos.4, 5 & 6 as we find that a civil suit has been preferred in the year 2011 in which no interim injunction has been granted. 7.
Considering the facts and circumstances, in case, any such application is pending consideration in view of the provisions contained under Section 3-H(4) of the National Highways Act, 1956, we expect that the same shall be considered and decided in accordance with law but certainly giving an opportunity to all the stakeholders. 8. Needless to say we have not adverted to the matter on merits. October 28, 2025 Priya WRIC No. 35763 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad