RAMABABU AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/18109/2025 · 2025-05-29
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64140 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64140 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:93611-DB Court No. - 21 Case :- WRIT - C No. - 18109 of 2025 Petitioner :- Ramababu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhay Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The case of the petitioners is that respondent no. 4 succeeded in obtaining a sale deed from them by playing fraud and a civil suit for cancellation of sale deed is pending between the parties. In the meantime, a notice has been issued under Section 3E of the National Highways Act, 1956 proposing to release compensation for the same land in favour of respondent no. 4 on basis of the sale deed obtained by her from the petitioners and in respect of which civil suit is pending. The petitioners are stated to have filed objection before the Competent Authority and have prayed that compensation should not be released in favour of respondent no. 4.
2. Counsel for the petitioners states that payment has yet not been released in favour of respondent no. 4.
3. Learned Standing Counsel submits that in the given facts and circumstances the only option available to the petitioners is to seek reference of the dispute under Section 3E(4) to the Civil Court.
4. We find force in the submission. The petitioners are questioning the sale deed executed by them in favour of respondent no. 4 and since civil suit in relation thereto is still pending and the sale deed has yet not been cancelled, therefore, at this stage, we decline to issue any direction, as prayed for in the writ petition. However, we
leave it open to the petitioners to move appropriate application before the Competent Authority for reference of the dispute under Section 3E(4) to the Civil Court, if so advised or await decision in the pending civil suit.
5. The petition stands disposed of. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 30.5.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad