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2025 DAILYLAW 7825 (ALL)

SUNDAR @ SUNDAR SINGH v. UNION OF INDIA AND 3 OTHERS

WRIC/1188/2025 · 2025-03-09

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34549-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.35) Court No. - 21 Case :- WRIT - C No. - 1188 of 2025 Petitioner :- Sundar @ Sundar Singh Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Anjani Kumar Tripathi,Pankaj Sharma Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Sri Pranjal Mehrotra, has appeared on behalf of respondent no.4. 2. The prayer made in the instant petition is for a direction to respondent no.3 to release the compensation amount in favour of the petitioner in pursuance of the order dated 27.09.2023 passed by Arbitrator/ Commissioner, Meerut Division, Meerut under the provision of the Railways Act, 1989. 3. Counsel for the petitioner submits that the petitioner sought Arbitration against the award of the Competent Authority. The Arbitration proceedings were decided in his favour by order dated 27.09.2023 and the compensation amount was enhanced. He submits that thereafter the Authorities while deciding share of the parties mentioned name of his brother, Jeetu, over two plots and which according to him was a mistake committed by them. Petitioner is stated to have filed an application before the Authorities on 08.01.2019. 4. The case of the petitioner is that his application for correction of the said mistake is pending before the Competent Authority. 5. Learned Standing Counsel has placed on record the written instructions according to which the Railways have filed application for recall of the award of the Arbitrator. 6. As the petitioner admits that his application for making certain correction in respect of disbursement of compensation is still pending, therefore, we dispose of the instant petition by providing that the respondent no.3 shall examine the said aspect by passing a speaking order within eight weeks from the date of communication of the instant order alongwith a fresh representation after granting opportunity of hearing to the petitioner and any other person likely to be affected. 7. As regards pendency of recall application at the behest of Railways, we express no opinion at this stage and leave it open to the petitioners to contest the same. Order Date :- 10.3.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad