Allahabad High Court
DILIP KUMAR GUPTA AND ANOTHERversusNATIONAL HIGHWAY AUTHORITY OF INDIA AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn with liberty to file a fresh petition.
Summary
Petitioners Dilip Kumar Gupta and another filed a writ petition before the Allahabad High Court seeking a certiorari to quash an order dated 08‑07‑2026 in the case of Vitula Devi v. Dilip Kumar Gupta & Ors., and a mandamus directing the National Highway Authority of India not to disburse compensation pending determination of land title. The petition also sought costs. The Court observed that the petition could be dismissed as not pressed and granted the petitioners liberty to file a fresh writ. Accordingly, the petition was dismissed as withdrawn. The certified copy of the impugned order was to be returned to the petitioners upon application. No substantive merits were addressed.
Issues considered
- Whether the writ petition should be dismissed as not pressed and treated as withdrawn
- Whether the petitioners are entitled to liberty to file a fresh writ petition
Subjects
- writ petition
- certiorari
- mandamus
- land acquisition
- compensation
- procedural dismissal
- withdrawn petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37690 of 2026
Dilip Kumar Gupta And Another
.....Petitioner(s)
Versus
National Highway Authority Of India And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Purushottam Mani Tripathi, Shashvat
Gupta
Counsel for Respondent(s) : Anurag Yadav, C.S.C.
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard learned counsel for the petitioners, Shri Ambrish Shukla, learned
Additional Chief Standing Counsel for the State-respondent No. 2, and Shri
Anurag Yadav, learned counsel appearing for respondent No. 1.
2. The instant writ petition has been filed praying for the following relief:
"i) Issue a writ, order or direction in the nature of certiorari quashing the
impugned order dated 08.07.2026 passed in L.A.R. No. 07 of 2025, Vitula
Devi Vs. Dilip Kumar Gupta & Ors., by the Additional District Judge,
Court No. 6, Varanasi;
ii) Issue a writ, order or direction in the nature of mandamus
commanding the respondent authority not to disburse compensation to the
private respondent until determination of the title of the land and
superstructures in the pending civil suits;
iii) Issue any suitable writ, order or direction in addition to and in
supplement to refer to above, as this Hon'ble Court may deem fit and
proper in the facts and circumstances of the case.
iv) Award the cost of the writ petition to the Petitioners."
3. Learned counsel for the petitioners submits that the instant writ petition
may be dismissed as not pressed with liberty to file a fresh writ petition.
4. Accordingly, the writ petition is dismissed as withdrawn with the
aforesaid liberty.
5. The certified copy of the impugned order shall be returned to learned
counsel for the petitioners, if an application is filed before the Registry,
WRIC No. 37690 of 2026
2
after retaining its photostat copy on record.
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
September 18, 2026
Mukesh Kr.
Digitally signed by :-
MUKESH KUMAR
High Court of Judicature at Allahabad
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