Petitioner's writ petition dismissed as withdrawn with liberty to file a fresh petition with better particulars, as the original petition lacked material particulars regarding spot inspection proceedings following a prior judgment.
Permission granted to withdraw the petition with liberty to file a fresh petition with better particulars.
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Court No. - 39
Case :- WRIT - C No. - 27474 of 2022
Petitioner :- Sushil Chandra Umrav Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Suresh Singh,Akhilesh K. Dwivedi,Ayush Mishra,Sunil Kumar Misra Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra,Syed Badshah Husain Naqvi
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Vipin Chandra Dixit,J.
Supplementary affidavit filed today is taken on record.
Sri Pranjal Mehrotra learned counsel has put in appearance on behalf of the respondent NHAI.
A perusal of the record indicates that the spot inspection of the site in question was made on 14.7.2022 after the decision of this Court dated 23.6.2021 on the writ petition filed by the petitioner.
The spot inspection report dated 14.7.2022 is the basis of rejection of claim of the petitioner vide order impugned dated 28.7.2022.Though two supplementary affidavits have been filed by the learned counsel for the petitioner but in none of the said affidavits, categorical stand has been taken about the proceedings conducted after the judgment and order dated 23.6.2021, passed on the writ petition filed by the petitioner.
We, therefore, find that the writ petition is lacking in material particulars. At this stage, learned counsel for the petitioner prays for and is granted permission to withdraw the present petition with liberty to file a fresh with better particulars.
The writ petition is dismissed as withdrawn with the liberty as prayed for.
Order Date :- 18.11.2022 Harshita
Digitally signed by HARSHITA Date: 2022.11.21 15:15:21 IST Reason: Location: High Court of Judicature at Allahabad
Sushil Chandra Umrav
Union Of India
Sunita Agarwal
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
