ANANT PRASAD DUBEY AND OTHERS v. UNION OF INDIA THRU. SECY. MINISTRY ROAD TRANSPORT AND HIGHWAYS, TRANSPORT, NEW DELHI AND OTHERS
/11312/2025 · 2025-11-24
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[ 2025 DAILYLAW 190291 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190291 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11312 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the petitioner, learned Standing Counsel, who appears on behalf of the State-Respondents and Shri Dev Rishi Kumar, learned counsel for respondent no.1. This petition has been filed with the following main prayers :
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the award order dated 15.2.2025 finalized by the prescribed authority NH-135A Additional District Magistrate (Finance and Revenue) dated 15.2.2025, contained in Annexure No.1 to this writ petition and award dated 15.2.2025 of the Villages Haripalpur and Village Hazipur, Tehsil Jalpur, District- Ambekar Nagar, after summoning the same (so far as it relates to the petitioners). (ii) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to decide the award as per report dated 17.9.2024 of District Magistrate, Ambedkar Nagar afresh and pay the same award amount to the petitioners. (iii) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to take decision on the letter dated 17.9.2024 of District Magistrate, Ambedkar Nagar, contained in Annexure No.7 to this writ petition." It has been pointed out by Shri Dev Rishi Kumar, learned counsel for Versus Counsel for Petitioner(s) : Dileep Kumar Mishra, Dr. Amit Asthana, Prabhat Mishra Counsel for Respondent(s) : A.S.G.I., C.S.C., Sarvesh Kumar Dubey Anant Prasad Dubey And Others .....Petitioner(s) Union Of India Thru. Secy. Ministry Road Transport And Highways, Transport, New Delhi And Others .....Respondent(s)
respondent no.1 that the National Highways Authority of India is not handling the relevant stretch of the road for which the petitioners have approached this Court; rather, it is respondent no.1 which is handling the acquisition in respect of the stretch of road with which the petitioners are concerned. He has further pointed out that the petitioners have a statutory remedy of filing an application under Section 3(G)(5) of the National Highways Act, 1956, as the acquisition has been undertaken under the Act by respondent no. 1. This petition is disposed of with liberty to the petitioners to approach the competent authority under Section 3(G)(5) of the National Highways Act,
1956. November 24, 2025 Mahesh WRIC No. 11312 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs.
Sangeeta Chandra,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench