HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 47712 of 2013 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. The instant writ petition has been filed praying inter alia for the following relief: "i. Issue a writ, order or direction in the nature of MANDAMUS commanding the respondent no. 5 i.e. Additional District Magistrate (Land Acquisition), Joint Organization, Ghaziabad/Competent Authority to pay the compensation to the petitioners at 1/3 share against the acquisition of land of plot nos. 2309 (area 13318.40 Sq.Mtr.), 2352(area 366.70 Sq. Mtr.) & 2442 (area 298.70 Sq. Mtr.) for the construction of National Highway i.e. Eastern Peripheral Express Way or alternatively to refer the matter before the competent civil court in view of the provisions contained under Section 3-H (4) of National Highways Act, 1956. ii. Issue a writ, order or direction in the nature of MANDAMUS commanding the respondent no. 5 i.e. Additional District Magistrate (Land Acquisition), Joint Organization, Ghaziabad/Competent Authority not to pay/disburse the compensation to the answering respondent nos. 7 to 18 till the decision of competent civil court referred under Section 3-H(4) of the National Highways Act, 1956 or the decision in the Versus Counsel for Petitioner(s) : Surendra Tiwari Counsel for Respondent(s) : A.S.G.I.2013/7677, R.K. Gupta, R.K. Singh, Swetashwa Agrwal Ranjeet Saini And 4 Others .....Petitioner(s) Union Of India And 17 Others .....Respondent(s) Second Appeal No. 1/2012-13 pending before the Board of Revenue U.P. at Allahabad." 2. Learned counsel for the petitioners states that he had received the counter affidavit as far back as in the year 2015, and despite several reminders, he has not received any instructions from the petitioners to file a rejoinder affidavit. He further submits that, at present, he has no instructions in the matter. 3. In view of the aforesaid, the instant writ petition stands dismissed for want of instructions. 4. In case the petitioners feel that the matter still survives, liberty is granted to them to move an application for recalling this order within two months from today. 5. This order has been passed with due assistance of Shri Dinkar Lal holding brief of Shri Swetashwa Agrwal, learned counsel for the contesting respondent. October 28, 2025 NLY WRIC No. 47712 of 2013 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad