Neutral Citation No. - 2025:AHC:70766-DB Court No. - 21 Case :- WRIT - C No. - 13790 of 2025 Petitioner :- Akshya Kumar Alias Ashok And 2 Others Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Ratnakar Pandey,Shiv Kant Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Rajesh Kumar Jaiswal,Swetashwa Agarwal Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition is for restraining the respondents from demolishing the constructions of the petitioners existing over Khasra No. 853M, area 0.0220 hectare, Revenue Village Kasba Babarpur, Tehsil Ajeetmal, District Auraiya. 2. The admitted case of the petitioners is that an area measuring 212 sq. meters of aforesaid plot no. 853M was acquired by the respondents under the provisions of the National Highways Act, 1956. Their case is that the respondents are intending to demolish the constructions over the remaining area which is the unacquired part of the land. 3. Along with the writ petition, no evidence has been filed to support the said assertion. The petitioners have also not approached the respondents by way of any representation and have straightaway filed the instant petition. 4. In the present proceedings, we are of considered opinion that it would not be possible for this Court to ascertain whether the subject land is acquired part of the land or unacquired land. 5. Learned counsel for the petitioners states that the petitioners are ready to execute sale deed of the remaining area in favour of the respondents. 6. In our opinion, in the aforesaid facts and circumstances, we leave it open to the petitioners to approach respondent no. 3 by way of representation and in which event the same will be decided by respondent no. 3 by a speaking order within six weeks. In the alternative, it shall also be open to the petitioners to avail such other remedy as may be advised. 7. The petition stands disposed of. 8. The order has been passed in the presence of Sri Saushthav Guha, holding brief of Sri Swetashwa Agarwal, learned counsel for respondent nos. 4 and 5. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 5.5.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad