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2025 DAILYLAW 84849 (ALL)

UDAI PRATAP AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIC/27021/2025 · 2025-09-09

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 27021 of 2025 (Sl. No. 10) Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Prashant Rai, learned counsel for the petitioners, Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State respondents and Sri Vaibhav Tripathi, learned counsel for the respondent no. 2. 2. The instant writ petition is preferred for a direction to the respondents to make proper survey of the land and redetermine the compensation of the petitioners with respect to their holding Khasra/Gata No. 364 admeasuring 0.2020 hectare situated at Village Patana, Tappa Salempur Majhauli, Tehsil Salempur, District Deoria. Alternatively, it is prayed that the representation dated 15.12.2023 may be decided. 3. Learned counsel for the petitioners submits that in arbitrary manner without decided the objection of the petitioners and without determination of actual valuation of the property in question, the award has been passed. In this backdrop, he submits that the representation of the petitioner dated 15.12.2023 be decided. 4. Per contra, learned counsel for the respondents raised an objection qua the maintainability of the instant writ petition, firstly, on the ground that admittedly in the instant proceedings the land has been acquired for road widening by the NHAI and the award has already been made. In case the petitioner is aggrieved by the quantum of compensation, he can press an Versus Counsel for Petitioner(s) : Prashant Rai, Rishi Kant Rai Counsel for Respondent(s) : C.S.C., Vaibhav Tripathi Udai Pratap And 5 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) application before the arbitrator under Section 3G(5) of the National Highways Act, 1956. Once an efficacious remedy is available to the petitioners, there is no reason or occasion to bypass the same. Secondly, it is submitted that the disputed facts are involved which cannot be pressed under Article 226 of the Constitution of India. 5. Considering the facts and circumstances of the case and the relief prayed in the instant matter, we dispose of the instant petition with the observation that in case the petitioners moves a fresh representation ventilating their grievances before the authority concerned within two weeks, the same shall be considered and decided in accordance with law expeditiously, preferably within six weeks, thereafter. September 10, 2025 Kirti WRIC No. 27021 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad