Janeshwar Prasad Singh v. The National Highways Authority Through Its Director And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8739 of 2017 ====================================================== Janeshwar Prasad Singh son of Late Shyam Narayan Singh, Resident of Village- Karanpura, P.O.P.S.- Durgawati, District- Kaimur a Bhabua. ... ... Petitioner/s

Versus

1.

The National Highways Authority Through Its Director and Ors 2.

The Project Director, National Highways Authority Varansi U.P. 3.

The State of Bihar through its Principal Secretary, Revenue Department, Govt. of Bihar, Patna.

4.

The Arbitrary cum Additional Collector, District- Kaimur Bhabua. 5.

The Competent Authority cum Districl Land Acquisition Officer, Kaimur, District- Kaimur at Bhabua.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramchandra Singh For the Respondent/s :

Mr. Manoj Kumar Sinha-A.C to S.C.19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-04-2025 Heard learned counsel for the petitioner, State as also the NHAI.

2. The present application has been filed:

quashing the order dated 07.06.2016 passed by the Additional Collector Cum Arbitrator, Kaimur (Bhabua) in Misc. Case no. 96/2014-15 by which he has dismissed the petition of the petitioner by which he has prayed to treat land the of the petitioner as commercial by issuance of writ in the nature of cetiorary as well as for issuance of writ in the nature of mandamus or any other writ or writs or direction or

Patna High Court CWJC No.8739 of 2017(3) dt.21-04-2025 2/2 directions to the respondents to treat the land in question of the petitioner as commercial and accordingly to pay the compensation reasonable compound interest.

along with reasonable compound interest.

3. At the outset, learned counsel for the State as also the NHAI submits that against the order passed by the respondent, the petitioner should have moved before the Competent Civil Court under Section 34 of the 1996 Act of the Arbitration and Conciliation Act, 1996.

4. Learned counsel for the petitioner submits that he shall be approaching the Competent Civil Court within a period of eight weeks from today.

5. If the petitioner approaches the Competent Civil Court within the aforesaid period, the Court concerned has to look into account the fact that a writ petition was pending since the year 2017 while considering the delay in filing the said petition.

6. The writ petition stands disposed of.

(Rajiv Roy, J) Vijay Singh/- U