Nilam Kumar Agrawal v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14043 of 2017 ====================================================== Nilam Kumar Agrawal Son of Late Bishwanath Agrawal, Resident of Jalalgarh, P.S.- Jalalgarh, District- Purnea. ... ... Petitioner/s

Versus

1.

The Union Of India 2.

The National Highway Authority of India through its Project Director, Project Implementation Unit P 3.

The State of Bihar.

4.

The Collector, Purnea.

5.

The Additional Collector-cum-Arbitrator, Purnea. 6.

The District Land Acquisition Officer, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the Respondent/s :

Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2025 Heard Mr. Kumar Dhananjay Singh learned counsel for the petitioner representing Mr. Bijendra Kumar Singh, and Mrs. Nutan Sahay, learned AC to AAG-12

2. The present petition has been preferred for the grant of following relief(s):

"for issuance of a writ or writs, order or orders and direction and directions to the Respondent no.2, the National Highway Authority of India, the Project Director, to make payment the amount of award granted by the Respondent no. 5, the Additional Collector-cum-

Patna High Court CWJC No.14043 of 2017(3) dt.21-07-2025 2/3 Arbitrator, Purnea, vide order dated 02.04.2013 passed in Arbitration Case no. 1 of 2012-13 to determine after due calculation of price of the land as commercial and not of residential with interest payable on the amount of due."

3. On the last occasion (on 23.06.2025), the National Highway Authority of India (henceforth for short 'the NHAI') was directed to file counter affidavit. Today, neither the reply has come nor Mr. Kumar Gautam who took time is present in the Court.

4. Though this Court wanted to impose cost upon 'the NHAI', Mrs. Sahay has taken pains and after conversation with the District Land Acquisition Officer, Purnea has provided two documents to show that 'the NHAI' vide its letter no. 868 dated 29.07.2024 informed the concerned respondent that they have preferred case no. 89 of 2023 before competent civil court against the arbitration award no. 01 of 2012-13.

5. In that background, learned counsel for the petitioner submits that she shall be defending her case before the competent civil court in the said case filed by 'the NHAI'.

6. Granting said liberty, the writ petition stands disposed of.

Patna High Court CWJC No.14043 of 2017(3) dt.21-07-2025 3/3

7. This court would like to put on records its word of appreciation for Mrs. Nutan Sahay, learned AC to AAG-12 for the proper assistance rendered in the matter which led to the disposal of the case.

(Rajiv Roy, J) vinayak/- U