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2025 DAILYLAW 172279 (ALL)

ASHUTOSH KUMAR v. NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANOTHER

WRIC/17416/2025 · 2025-10-27

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17416 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard Sri Tarun Agrawal, learned counsel for the petitioner, Sri Mahendra Pratap, learned counsel for the respondent Nos. 1 and 2 and Sri Devi Shanker Shukla, learned counsel for the respondent No. 3. 2. Present petition has been filed seeking following relief:- "i). Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to reconsider the proposal dated 18.03.2025 of the petitioner for issuance of the NOC under Morth Guidlines dated 26.06.2020 for establishment of retail outlet at Gata No. 4258 of Village-Nindura, District-Allahabad." 3. After some argument, it is agreed between the parties that petitioner shall file a detailed representation along with all relevant documents before respondent No. 3 within two weeks from today for redressal of his grievance. It is lastly submitted that a direction may be issued to respondent No 3 to decide the representation within a stipulated time for which, learned counsel for the respondents are having no objection. 4. In view of the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to move fresh representation along with certified copy of this order before respondent No. 3 within two weeks from today. In case any such representation is filed, respondent No. 3 is directed to decide the same in accordance with law maximum within a period of eight weeks thereafter after providing opportunity of hearing to petitioner. If required, he may also hear Indian Oil Corporation-respondent Versus Counsel for Petitioner(s) : Gaurav Gautam, Tarun Agrawal Counsel for Respondent(s) : Devi Shanker Shukla, Mahendra Pratap Ashutosh Kumar .....Petitioner(s) National Highway Authority Of India And Another .....Respondent(s) No. 3 by issuing notices. 5. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 3 to pass order after considering the relevant Rules as well as facts of the case. October 28, 2025 ADY WRIC No. 17416 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad