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Neutral Citation No. - 2025:AHC:140961-DB Court No. - 29 Case :- WRIT - C No. - 27825 of 2025 Petitioner :- Sanjay Agrawal Respondent :- The Union Of India And 5 Others Counsel for Petitioner :- Anupam Kulshreshtha Counsel for Respondent :- A.S.G.I.,Anurag Yadav,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Kshitij Shailendra,J.
1. Heard Mr. Anupam Kulshreshtha, learned counsel for the petitioner, Mr. Pranjal Mehrotra, learned counsel for the Union of India, Mr. Devendra Kumar, learned counsel for the respondent Nos.2 & 3 and perused the material brought on the record. 2. By means of the instant petition, the petitioner has prayed for following reliefs:-
"(a) To issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 01.06.2017 (Annexure - 8 to the writ petition) (contained in letter no. 2085/Bhu. Arj. 2017 dated 01.06.2017) as well as the impugned order dated 21.07.2017 (Annexure 9 to the writ petition) passed by the Competent Authority/Additional District Magistrate (Finance & Revenue) (NHAI Project), Hathras, District Hathras, the respondent no. 4; (b) To issue a writ, order or direction in the nature of Mandamus directing the respondents not to dispossess the petitioner from plot no. 562 admeasuring an area 673 square meters, which is over and above the area acquired, situated in Village Baros, Tehsil Sadabad, District Hathras, which is still in possession of the petitioner; c) To issue any such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, so that justice be done; and d) To award costs of the writ petition in favour of the petitioner."
3. At the very outset, Mr. Devendra Kumar, learned counsel for the respondent Nos.2 & 3 has raised a preliminary objection qua the maintainability of the instant petition with two fold submissions firstly the same is liable to be dismissed on the ground of delay and laches and secondly, the petitioner had already invoked the
arbitration proceeding under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act, 1996") registered as Case No.1 of 2016 which was rejected vide impugned judgment and order dated 16.07.2024 passed by the Additional District Judge, Court No.3, Hathras and qua the same the petitioner is having an efficacious alternative remedy to press an appeal under Section 37 of the Act, 1996. 4.
4. Confronted with the above situation, learned counsel for the petitioner very fairly conceded that he does not want to press the instant matter and the same may be dismissed as not pressed. 5. In view of the above, the instant petition stands dismissed as not pressed. Order Date :- 19.8.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad