Hon'ble Rajesh Chandra,J.
The present Writ Petition has been filed by the National Highway Authority of India (petitioner) making the following prayers:
" (i) issue a writ, order or direction in the nature certiorari quashing the Recovery Citation dated 31.1.2011 issued by respondent no. 5 (Annexure-1 to the Writ Petition).
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2,4 and 5 to pass appropriate order on the objections dated 28.2.2011 filed by the petitioner.
(iii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
(iv) Award cost of the writ petition to the petitioner."
From the averments made in the Writ Petition it transpires that for the widening of the National Highwary No. 28 from Kilometer 0.00 to Kilometer 1.30, 0.60 Hectare Forest Land was required by the petitioner, and the said land was transferred to the petitioner under the Uttar Pradesh Government Order dated 14.2.2005 (Annexure 2 to the Writ Petition).
For transferring the said land, the Prabhagiya Van Adhikari,Van Prabhag, Faizabad issued a Demand Note dated 26.2.2005 (Annexure 3 to the Writ Petition).
Five items are mentioned in the aforesaid Demand Note dated 26.2.2005. Dispute in the present Writ Petition pertains to Item No. 2 (u"V gq, jksi.kksa ds enns okafNr /kujkf'k) and Item No. 3 (Hkwfe mi;ksx cnyus ds dkj.k 10 eh- pkSMh iVVh ij jksi.k gsrq okafNr /kujkf'k).
As per the averments made in paragraph 9 of the Writ Petition, various payments totalling Rs. 7,33,846/- have been made by the petitioner in regard to the aforesaid Demand Note.
As regards Item No. 2, mentioned in the said Demand Note, no payment has been made by the petitioner on the ground that necessary verification in this regard has not been done by the respondents.
As regards Item No. 3, an amount of Rs. 1,48,036/- has been paid by the petitioner, and an amount of Rs. 68,804/- remains to be paid by the petitioner.
According to the petitioner, the amount of Rs. 68,804/- due from the petitioner in regard to Item No. 3, mentioned in the Demand Note, is not payable by the petitioner in view of the Government Order dated 14.1.2009 (Annexure 7 to the Writ Petition) read with the Government Order dated 6.11.2009 (Annexure 8 to the Writ Petition).
It is further averred in the Writ Petition that the petitioner has made a Representation dated 28.2.2011 before the Prabhagiya Van Adhikari,Van Prabhag, Faizabad (respondent no. 2) in regard to its aforementioned grievances. Copy of the Representation has been filed as Annexure 9 to the Writ Petition.
We have heard Shri M.K. Gupta, learned counsel for the petitioner and Shri Vishnu Pratap, learned Standing Counsel appearing for the respondents, and perused the averments made in the Writ Petition.
Having regard to the facts and circumstances of the case and keeping in view the nature of controversy involved in the Writ Petition and having considered the submissions made by the learned counsel for the parties, we are of the opinion that the interest of justice would be subserved in case the Writ Petition is disposed of with the following directions:
(1) Within two weeks from today, the petitioner will deposit an amount of Rs. 50,000/- with the concerned respondent and will also submit a Certified Copy of this Order along-with a copy of its Representation dated 28.2.2011 before the respondent no.2.
(2) On receipt of the certified copy of this Order along-with copy of the Representation and also proof regarding deposit having been made by the petitioner as directed above, the respondent no. 2 will proceed to decide the Representation submitted by the petitioner after giving reasonable opportunity of hearing to the petitioner by passing speaking order in accordance with law, expeditiously, preferably within three weeks of the filing of the said documents before the respondent no. 2.
(3) Till the disposal of the Representation by the respondent no. 2, recovery proceeding against the petitioner will be kept in abeyance. However, if the deposit of Rs. 50,000/-, as mentioned in Condition No. 1 above, is not made by the petitioner within the time granted, or if the petitioner fails to submit the aforementioned documents before the respondent no. 2 within the time granted, this Order will stand vacated automatically and it will be open to the respondents to proceed against the petitioner for making the recovery in accordance with law.
The Writ Petition is accordingly disposed of with the aforesaid directions.
It is made clear that this Court has not adjudicated upon the claim of the petitioner on merits.
Order Date :- 10.3.2011 Ajeet