✦ Allahabad High Court · 25 Apr 2025

Usha Gupta v. Union Of India & Anr.

CIVIL MISC REVIEW APPLICATION No. 267 of 2024MANO, KSHITI

Case at a glance

Outcome

Allowed

The review petition is allowed

Provisions considered

Key paragraphs

  • Para 33. We observe that we had declined to entertain the writ petition on the ground that the petitioner has alternative remedy under Section 3G(5) of the Act. As the submission is that the award was passed without following the mandatory procedure prescribed under law, therefore…
  • Para 44. The review petition is allowed. The writ petition is restored to its original number. B. Order on the writ petition.

Judgment

2.

Learned counsel for the petitioner places reliance on a response given by the respondents to RTI application admitting that before declaring the award, no notice was given to any party. It is submitted that in such circumstances, the award was void and nonest in the eyes of law and the said issue would definitely fall for consideration in the writ petition filed under Article 226 of the Constitution.

3.

We observe that we had declined to entertain the writ petition on the ground that the petitioner has alternative remedy under Section 3G(5) of the Act. As the submission is that the award was passed without following the mandatory procedure prescribed under law, therefore, we are of the opinion that the said issue could definitely be examined in exercise of the writ jurisdiction. Accordingly, we recall the order dated 18.04.2024 and restore the writ petition to its original number.

Operative part

4.

The review petition is allowed. The writ petition is restored to its original number. B. Order on the writ petition.

1.

Leave granted to learned counsel for the petitioner to implead NHAI as third respondent.

2. Let counter affidavit be filed by the respondents within four weeks.

3. List thereafter before appropriate Bench. It shall not be treated as tied up or part heard with this Bench. Order Date :- 25.4.2025 Mukesh Kr. (Kshitij Shailendra,J.) (Manoj Kumar Gupta,J.)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The review petition is allowed

Which statutory provisions did this judgment involve?

Constitution of India — art. 226.

Which court decided this case, and when?

Allahabad High Court, on 25 Apr 2025. The bench was MANO, KSHITI.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Allahabad High Court or eCourts case status (search case no. CIVIL MISC REVIEW APPLICATION No. 267 of 2024). ← Search more judgments