Disposed¶12

Suryabhan Singh v. Union of India Thru. Secy. Ministry of Road Transport and Highways New Delhi and 2 Others

Allahabad HC27 May 2025WPIL/517/2025

Case brief

AI extract

What is this about?

Bainti Khurd Toll Plaza; N.H. 56 (Lucknow - Varanasi); toll tax rate reduction; four lane highway Bhadahiya village to Loharmau; 7 km two lane road; Railway Crossing Pakhraulli; railway overbridge Hanumanganj District Sultanpur; National Highways Fee (Determination of Rates and Collection) Rules, 2008; NHAI; Union of India Ministry of Road Transport and Highways; mandamus; writ petition disposed of; PIL No. 517 of 2025; Allahabad High Court Lucknow Bench; Attau Rahman Masoodi; Ajai Kumar Srivastava-I.

What did the court decide?

None substantively adjudicated; the relief prayed for was declared to stand redressed on the strength of NHAI's statement that no toll tax is currently being charged ¶12

Suryabhan Singh vs Union of India Thru. Secy. Ministry of Road Transport and Highways New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC-LKO:31584-DB

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Court No. - 1

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 517 of 2025

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Petitioner :- Suryabhan Singh Respondent :- Union Of India Thru. Secy. Ministry Of Road Transport And Highways New Delhi And 2 Others Counsel for Petitioner :- Durgesh Mishra,Abhishek Shukla,Manvendra Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Sarvesh Kumar Dubey

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Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.

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1. Heard learned counsel for the petitioner, Sri Abhishek Pathak, learned counsel, who has put in appearance on behalf of respondent No.2- National Highway Authority of India (NHAI), Sri Deepanshu Dass, learned counsel appearing on behalf of respondent No.1- Union of India and learned Standing Counsel for State-respondent No.3.

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2. By means of this writ petition, the petitioner has prayed for the following relief :-

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"I. Issue a writ, order, direction in the nature of mandamus commanding the opposite parties to reduce the toll tax rate at Bainti Khurd Toll Plaza on N.H. 56 (Lucknow - Varanasi) until the Four Lane Highway at (Bhadahiya village to Loharmau) is completed which is 7 km marrow two lane Highway Road and also provide Railway Crossing at Pakhraulli to the commuters, in the interest of justice."

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3. Sri Abhishek Pathak, learned counsel for the respondent No.2, on the basis of instructions, has submitted that the work of construction of railway overbridge on N.H. 56 at location Hanumanganj, District Sultanpur is under construction and the same is targeted to be completed at the earliest. It is further submitted that as on date NHAI is not charging any toll tax for the said patch of road as alleged by the petitioner. It is only after the completion of the railway overbridge that the toll tax shall be charged as per the National Highways Fee (Determination of Rates and Collection) Rules, 2008.

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4. Once statement on behalf of NHAI has been made that no

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toll tax is being charged as on date and the same shall be made operative only on the completion of railway overbridge in accordance with rules, therefore, the relief prayed for in the present petition stands redressed.

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5. The present writ petition in view of the statement made by learned counsel for NHAI has lost its efficacy and the same is, accordingly, disposed of .

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(Ajai Kumar Srivastava-I, J.) (Attau Rahaman Masoodi, J.)

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Order Date :- 27.5.2025 Shubhankar

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Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench

Suryabhan Singh v. Union of India Thru. Secy. Ministry of Road Transport and Highways New Delhi and 2 Others

Case brief

What is this about?

What did the court decide?

Suryabhan Singh v. Union of India Thru. Secy. Ministry of Road Transport and Highways New Delhi and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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