Neutral Citation No. - 2025:AHC:133451-DB Court No. - 29 Case :- WRIT - C No. - 26496 of 2025 Petitioner :- Shardanand Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Manoj Kumar Maurya Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner, Shri Fuzail Ahmad Ansari, learned Standing Counsel for the State-respondents and Shri R.K. Jaiswal, learned counsel for the respondent - Union of India. 2. The instant writ petition has been filed praying inter alia for the following relief: "A. Issue a writ, order or direction in the nature of writ of certiorari to quash the recovery notice/order dated 07.07.2025 issued by the respondent no.4/ Competent Authority/Chief Revenue Officer, Deoria. B. Issue a writ, order or direction in the nature of writ of mandamus directing and commanding the respondent no.4/ Competent Authority/Chief Revenue Officer, Deoria to refer the matter before the Principal Civil Court, Deoria under section 3(H)4 of the National Highways Act, 1956 for just and proper decision of the case, expeditiously within stipulated period as fixed by this Hon'ble Court." 3. Learned counsel for the petitioner submits that the petitioner is bhumidhar of 0.4050 hectare of ancestral Plot No. 290, situated in Village Siswa Pandey, while respondent no.5 - Bhagwat Bhagat owns 0.0970 hectare purchased from the petitioner's father. Both are co-sharers and the land has not been divided by any competent revenue authority. In connection with widening of National Highway- 727B, a notification under Section 3A of the National Highways Act, 1956 (in short 'the Act, 1956') was issued, and compensation of Rs.3,84,621/- was disbursed entirely to the petitioner. The petitioner submits that he is entitled to receive compensation only to his share, and is ready to refund the remaining amount, but respondent no.4 - Competent Authority/ Chief Revenue Officer, Deoria, instead of referring the matter to the civil court under Section 3H(4) of the Act, 1956, has wrongly issued a recovery notice dated 07.07.2025 for the entire amount, which is arbitrary, illegal, and deserves to be quashed. 4. Considering the facts and circumstances, and as respondent no.5 – Bhagwat Bhagat is a co-sharer in the property and the petitioner has volunteered to return the amount corresponding to the share of respondent no.5, we direct respondent no.4 – Competent Authority/Chief Revenue Officer, Deoria, to examine the records and, upon verification, accept the refund offered by the petitioner to the extent of the share of the respondent no.5 and the same be released in his favour. 5. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 7.8.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad