AJAI SINGH AND 5 OTHERS v. UNION OF INDIA THRU. SECY. NATIONAL HIGHWAYS AUTHORITY OF INDIA , NEW DELHI AND 6 OTHERS
/4941/2024 · 2025-11-27
Manjive Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183366 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183366 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 4941 of 2024 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel appearing on behalf of the parties.
3. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioners have made the following main prayers:-
"I. Issue a writ order or direction in the nature of certiorari to quash the impugned office order dated 14.03.2024 passed by prescribed authority i.e. Chief Revenue Officer, Pratapgarh (as contained in Annexure No. 1 to this writ petition) in the interest of justice. II. Issue a writ order or direction in the nature of mandamus directing to the opposite parties to take appropriate decision on the representation of the petitioners dated 27.10.2020 and 01.04.2023 by speaking and reasoned order for providing the compensation as per circle rate of District Magistrate, District - Pratapgarh within a period fixed by this Hon'ble Court in favour of the petitioners contained as Annexure No.2 to this writ petition, in the interest of justice."
4. By the impugned order dated March 14, 2024, the prescribed authority has stated that the compensation cannot be paid to the petitioners as a civil suit is pending against the person who has sold Versus Counsel for Petitioner(s) : Dinesh Kumar Ojha Counsel for Respondent(s) : A.S.G.I., C.S.C., Devendra Kumar Srivastava, Manoj Kumar Nishad, Umesh Singh Ajai Singh And 5 Others .....Petitioner(s) Union Of India Thru. Secy. National Highways Authority Of India , New Delhi And 6 Others .....Respondent(s)
the property to the petitioners. However, it clearly appears from the
facts and the order sheet that there is no stay in the said suit that was filed in the year 2013. As on date, there is no defect in the title or any encumbrance on the said title by way of any injunction or restraining
order.
5. In light of the same, we do not see any reason as to why the compensation should not be paid to the petitioners.
6. Accordingly, the impugned order is quashed and set aside and the authorities concerned are directed to pay the compensation to the petitioners in accordance with the law. Keeping in mind the fact that a civil suit is pending, an indemnity bond may also be sought from the petitioners. Upon the presentation of such a bond by the petitioners, the compensation should be paid to the petitioners in accordance with law.
7. The entire process should be completed within a period of sixteen weeks from date.
8. With the above direction, the writ petition is disposed of. November 27, 2025 cks/- WRIC No. 4941 of 2024 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench