Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 2364 (ALL)

MOHD. HASAN v. UNION OF INDIA AND 2 OTHERS

A227/5790/2026 · 2026-05-05

Vikas Budhwar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 5790 of 2026 Court No. - 5 HON'BLE VIKAS BUDHWAR, J. 1. Heard Ms. Anjali Goklani (AoR A/A 0379/2019) holding brief of Sri Tanishk Goyal, learned counsel for the plaintiff-petitioner and Sri Pranjal Mehrotra for respondent. 2. The grievance of the plaintiff-petitioner is that consequent to the acquisition proceedings so initiated, the land was acquired and the matter travelled before the Additional Commissioner-II/Arbitrator, Moradabad Mandal, Moradabad in the proceedings under Section 3G(5) of the National Highway Act and an award came to be passed. An execution application also came to be preferred by the claimant in which on 11.03.2026, an order came to be passed whereby a direction was issued that within a period of one week, the amount which has been deducted as TDS be returned with a further direction that with regard to the interest component, the arbitrator was directed to specify/clarify the same. 3. Questioning the said order insofar as it pertains to the direction of the executing court for getting clarification from the arbitrator with respect to the interest component, the present petition has been preferred. 4. However, the Court finds that the Execution Case No. 1 of 2025 stands withdrawn by the petitioner herein on 31.03.2026, however, liberty has been accorded to file a fresh execution proceedings, in case, the same stands occasioned. Once, the execution case itself stands withdrawn then any order passed in the interregnum during the pendency will merge with the final order. 5. Be that as it may, it is always open to the plaintiff-petitioner to question Versus Counsel for Petitioner(s) : Tanishk Goyal Counsel for Respondent(s) : A.S.G.I., C.S.C., Pranjal Mehrotra Mohd. Hasan .....Petitioner(s) Union Of India And 2 Others .....Respondent(s) the order which has been passed against the petitioner. 6. With the aforesaid observation, the petition stands disposed of. May 6, 2026 Rajesh A227 No. 5790 of 2026 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad