Neutral Citation No. - 2025:AHC:114207-DB Court No. - 29 Case :- WRIT - C No. - 22439 of 2025 Petitioner :- Shambhu Singh Yadav Respondent :- District Magistrate Ghazipur And 2 Others Counsel for Petitioner :- Ajeet Srivastava Counsel for Respondent :- C.S.C.,Mahendra Pratap Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner, Shri Devesh Vikram, learned Additional C.S.C. appearing for the State respondents, and Shri Pawan Kumar Mishra, learned counsel for NHAI. 2. The instant writ petition has been preferred with the prayer to quash the impugned order dated 18.02.2025 passed by the Competent Authority/Additional District Magistrate (Finance and Revenue), Ghazipur. It is further prayed for commanding the respondents to release the entire compensation as per relevant rules, along with 12% interest. 3. Shri Pawan Kumar Mishra, learned counsel for NHAI raised objection that earlier the petitioner had approached this Court by preferring Writ C No.36705 of 2024 (Shambhu Singh Yadav vs. District Magistrate Ghazipur and others), wherein, it was prayed to command the respondents to provide compensation of the acquired land to the petitioner alongwith interest @ 12% per annum within a stipulated period and also to decide his representation dated 10.07.2024. The Division Bench of this Court vide order dated 13.12.2024 has disposed of the writ petition. 4. He further submits that in response to the order passed by the Division Bench of this Court, detailed order have been passed by the Additional District Magistrate (L&R), District Ghazipur, wherein, it is indicated that in lieu of the award, the amount has been quantified by the NHAI including share of the mother of petitioner, who has died. He contends that as the petitioner has claimed the share of his mother, he was asked to submit the relevant record so that actual disbursement could be made. In spite of repeated reminders, the petitioner has not submitted the requisite papers. He also contends that for the same cause of action, the present writ petition has been preferred, and in the present writ petition, also the petitioner has also failed to set up a pleading that he is only claimant of the share of his deceased mother; therefore, no interference is required in the matter. 5. The Division Bench of this Court vide order dated 13.12.2024 has disposed of the Writ C No.36705 of 2024 to the following effect:- "1. The instant petition has been filed praying for a writ of mandamus commanding the respondents to provide compensation of the acquired land to the petitioner along with interest @ 12% per annum within a stipulated period of time and to decide his representation dated 10.7.2024. 2. The petitioner is claiming compensation for excess area allegedly taken over by NHAI while executing a project. In the said excess area, there were nine co-sharers, including the petitioner herein. Two of the co-sharers executed sale deed in favour of the State respondents and in pursuance thereof, compensation was paid to them. However, the petitioner did not agree to the same and this compelled the respondents to go for compulsory acquisition of the remaining land. 3. In the personal affidavit filed by the Project Director, NHAI, it has been disclosed that an award has been made on 7.2.2023 for the remaining land and the total amount awarded is Rs. 2,67,65,711/-. It is also the case of NHAI that said amount has already been remitted to the competent authority for distribution. 4. The case of the petitioner is that although NHAI and the competent authority, as per share certificate, are taking the stand that the petitioner has one-fourth share and would be entitled to compensation accordingly, but since the mother of the petitioner had died, therefore, the share of the petitioner got enhanced to half and he is entitled to 50% of the compensation awarded. 5. The said dispute relating to share in the compensation amount has to be considered by the competent authority under Section 3H(3) and 3H(4) of the National Highways Act, 1956. The petitioner has already made representation before the competent authority which is pending. 6. Consequently, we dispose of the writ petition with direction to the competent authority to pass a speaking order on the representation of the petitioner dated 10.7.2024 within twelve weeks from today, after hearing the petitioner and other co-sharers." 5. Having heard learned counsel for the parties, perused the record and the order dated 13.12.2024 passed by the Division Bench of this Court, we find substance in the objection raised by the learned counsel for NHAI. We are not inclined to grant the relief prayed for as the amount has already been quantified by the Authority, and petitioner has been asked to submit the requisite papers. Suffice it to indicate that in case the petitioner approaches the Authority concerned along with requisite papers substantiating his claim within ten days' time, we hope and trust that his claim may be considered and actual disbursement would be ensured within two weeks thereafter. 6. The writ petition is disposed of. Order Date :- 15.7.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad