JUDGMENT :

A.J. DESAI, J.

1. By way of present petition filed under Articles 14, 19, 21 and 226 of the Constitution of India, the petitioner, by challenging the order dated 01.07.2020 passed by the Competent Authority, National Highway Authority of India and Deputy Collector appointed under the National Highways Act, 1956 (hereinafter referred to as ‘the Act’ for short), has prayed as under:

“(A) to issue a writ of mandamus or any other appropriate wir, order or direction quashing and setting aside the order dated 01.07.2020 passed by respondent No. 1 directing to make payment in favour of respondent no. 2 as well as the order dated 01.07.2020 disbursing the amount of Rs. 1,13,85,138/- in favour of respondent No. 2 and thereby be further pleased to direct the respondent No. 1 to recover the said amount and to deposit the same before the Court of learned Principal Senior Civil Judge, Mahuva, Bhavnagar in Special Civil Suit No. 9/2018 till the dispute of title is decided between the parties.

(B) pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct respondent No. 1 to recover the amount of Rs. 1,13,85,138/- which is already disbursed vide