Court No. - 37
Case :- WRIT - C No. - 16137 of 2021 Petitioner :- Pawan Kumar Singh Respondent :- National Highway Authority Of India And 22 Others Counsel for Petitioner :- Kamleshwar Singh Counsel for Respondent :- C.S.C.,Raghav Dwivedi,Sudhanshu Srivastava
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Heard Sri Kamleshwar Singh, learned counsel for the petitioner, Sri Sudhanshu Srivastava, learned counsel for respondent No.1 and learned Standing Counsel for the State.
Petitioner, Pawan Kumar Singh, has come to this Court with the following prayers this this Court may issue :
"(i) A writ, order or direction in the nature of Certiorari quashing the impugned order dated 29.12.2020 passed by Chief Revenue Officer/ National Highway No.56 Jaunpur (respondent No.2) in Case No.25 of 2017 (Udairaj vs. Bhagauti Prasad and others) under Section 3-H (3) of National Highways Act, 1956 regarding Gata No.15, Khata No.60 of Mauza- Bandipur, Pargana- Haweli, Tehsil -Sadar, District-Jaunpur.
(ii) A writ, order or direction in the nature of mandamus commanding to respondent No.2 to pass the appropriate order and direct the parties concerned to returned the compensation if any paid by the authorities concerned."
It is submitted by learned counsel for the petitioner that him without the consent of the petitioner, the monies have been kept in fixed deposit which could not have been done.
Having heard the learned counsel for the parties and perused the writ petition, we are not inclined to quash the impugned order dated 29.12.2020. However, prayer (ii) is granted. Respondent No.2 shall hear the petitioner and pass fresh order within six weeks from today. This petition shall also be considered as application objecting the amount being paid to the others.
It goes without saying that we have not entered into the merits of the case.
With the aforesaid direction, this writ petition is disposed of.
Order Date :- 28.7.2021/DKS