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2025 DAILYLAW 19172 (ALL)

SMT. NAGINA DEVI v. STATE OF U.P. AND 2 OTHERS

WRIC/4704/2025 · 2025-03-19

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40667-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 40) Court No. - 21 Case :- WRIT - C No. - 4704 of 2025 Petitioner :- Smt. Nagina Devi Respondent :- The Union Of India And 2 Others Counsel for Petitioner :- Shishir Kumar Dwivedi,Shruti Dwivedi Counsel for Respondent :- A.S.G.I.,C.S.C.,Rajesh Kumar Jaiswal Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard learned counsel for the petitioner, Sri Rajesh Kumar Jaiswal, learned counsel for the Union of India and Sri Rajeev Gupta, learned Additional Chief Standing Counsel for the State respondents. 2. The prayer made in the instant petition is for a direction to the Competent Authority under National Highways Act, 1956 to decide representation dated 24.7.2024 filed by the petitioner for reference of dispute relating to entitlement to compensation under Section 3H(4) of the said Act to the Principal Civil Court. 3. The case of the petitioner is that she had purchased 7 Biswa of plot no. 66 admeasuring 0.089 hectare from Somnath. He had died and after his death his heir is Rajendra Upadhyay (name wrongly mentioned as Rajendra Prasad). The compensation amount has been wrongly paid to him. The petitioner has therefore, filed the representation in question for referring the dispute to civil court. 4. Learned Standing Counsel has placed on record the written instructions according to which the land of the petitioner is not getting affected and therefore, compensation has not been paid to him. Along with the instructions, an order dated 17.3.2025 has been annexed by which the representation dated 24.7.2024 has been rejected. 5. As the representation already stands rejected, therefore the prayer made in the writ petition has become infructuous. The writ petition is accordingly disposed of with liberty to the petitioner to challenge the order dated 17.3.2025 in appropriate proceedings, if so advised. Order Date :- 20.3.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad