Keshav Kumar Dubey v. State of U.P. and 2 Others

Court No. - 21 Case :- WRIT - C No. - 39428 of 2023 Petitioner :- Keshav Kumar Dubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Krishna Dubey Counsel for Respondent :- C.S.C.,Pawan Kumar Mishra Hon'ble Manoj Kumar Gupta,J. Hon'ble Donadi Ramesh,J.

¶1The instant petition has been filed praying for a writ of mandamus directing respondent no.3 i.e Special Land Acquisition Officer, District Bhadohi to decide the application of the petitioner dated 5.01.2023 in which the petitioner has prayed that compensation amount for the acquired land should not be released in favour of Ram Kumar S/o Vijay Shanker with whom litigation is pending before the civil court between the parties.

¶2It seems that a public notice was issued by respondent no.3 to one Manoj Kumar S/o Jata Shanker purportedly under Section 33 G of the National Highways Act, 1956 for hearing on 3.10.2022.

¶3Learned counsel appearing for NHAI points out that the acquisition is by the Public Works Department and not by NHAI.

¶4It is wholly inexplicable as to how notice was issued under the National Highways Act, 1956. Moreover, there is no such provision as Section 33 G under the said Act. It is for respondent no.3 to examine the said aspects and issue proper notice. If decision, as contemplated, has yet not been taken and any objection is filed by the petitioner, it shall be considered in accordance with law.

¶5The petition stands disposed of accordingly. (Donadi Ramesh, J.) (Manoj Kumar Gupta, J.) Order Date :- 16.11.2023 SL High Court of Judicature at Allahabad