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2025 DAILYLAW 84283 (ALL)

JAI PRAKASH SINGH v. NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANOTHER

WRIC/26622/2025 · 2025-10-07

Neeraj Tiwari, Vivek Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 26622 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the petitioner as well as learned counsel for the respondents. 2. Present petition has been filed with the following prayer: "(a). Issue a writ order or direction in the nature of mandamus directing the respondents to stop the construction of foot over bridge in front of the property of the petitioner, situated at Arazi Nos. 275 and 276 in Mauza- Hariharpur, Pargana- Shivpur, Tehsil-Sadar, District Varanasi. (b) issue a writ, order or direction in the nature of mandamus directing the respondents to relocate the site of the construction of foot-over-bridge to any other appropriate place including to the place near to Main Crossing (Chauraha) village Hariharpur, Tehsil Sadar, District Varanasi as earmarked in the DPR; (c) issue a writ, order or direction in the nature of mandamus commanding the respondents not to violate the rights of the petitioners guaranteed under Constitution of of India, by raising the construction of the Foot Over Bridge in from of the land of the petitioner decide the representation of the petitioner dated 10.07.2025." 3. After some arguments on merits, the learned counsel for the petitioner prayed that his prayer no.(c) may be considered and states that for redressal of his grievance, the petitioner has moved a representation dated 09.07.2025 (sent through registered post on 10.07.2025) before the respondent no.1- Chairman, National Highways Authority of India, but the same has not been decided till date. He further submitted that a direction be issued to the respondent no.1- Chairman, National Highways Authority of India to take a decision upon the same. Versus Counsel for Petitioner(s) : Anil Kumar Mehrotra, Mehul Khare, Pragya Pandey, Sr. Advocate Counsel for Respondent(s) : Dinesh Kumar Singh, Mahendra Pratap Jai Prakash Singh .....Petitioner(s) National Highway Authority Of India And Another .....Respondent(s) 4. Learned counsel for the respondents submitted that the representation of the petitioner dated 09.07.2025 (sent through registered post on 10.07.2025) shall be decided at the earliest in accordance with law 5. Accordingly, present petition stands disposed of with a direction to the respondent no.1-Chairman, National Highways Authority of India to take a decision upon the representation of the petitioner dated 09.07.2025 (sent through registered post on 10.07.2025) maximum within a period of four weeks from the date of production of a certified copy of this order. Petitioner is directed to annex photocopy of representation dated 09.07.2025 (sent through registered post on 10.07.2025) alongwith certified copy of this order. 6. It is made clear that this Court has not adjudicated the case of the petitioner on merits. It is upon respondent No. 1 to pass order after considering the relevant Rules as well as facts of the case. October 8, 2025 Nitendra WRIC No. 26622 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad