Shivmurat Sah v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20261 of 2016 ====================================================== Shivmurat Sah Son of Late Shobha Sah, Resident of Village- Barej, P.O.- Kauriram, P.S. Mohaniya, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The Union Of India and Ors 2.

The Deputy Secretary, Ministry or Road Transport and Highways, Govt. of India, New Delhi.

3.

The National Highways Authority of India through its Chairman-cumSecretary, Ministry of Shipping R 4.

The Project Director, National Highways Authority, Sasaram, Bihar. 5.

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

6.

The Additional Collector-cum-Arbitration, Kaimur at Bhabua. null null 7.

The State of Bihar through the District Magistrate, Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Adv.

For the Respondent/s :

Mr. Rishi Raj Sinha-Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-08-2025 No one appears on behalf of the petitioner though the State as also the National Highway Authority of India are present through Mrs. Nutan Sahay, AC to AAG-12 and Dr. Maurya Vijay Chandra respectively.

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

for setting aside the order dated 4.4.2015 passed in Misc. Case No.

342/2014-15 by the Additional Collectorcum-Arbitrator, Kaimur at Bhabua whereby

Patna High Court CWJC No.20261 of 2016(2) dt.25-08-2025 2/2 and where under the learned Arbitrator has rejected the claim of the petitioner to calculate the value of acquired land in dispute at the rate of commercial in place of residential. And/or pass such any other order/orders which the court thinks the petitioner entitled for.

3.

Learned counsels jointly took this Court to the annexure-2 to show that the Arbitrator-cum-Additional Collector, Kaimur at Bhabhua has already passed an order and the petitioner has to move before the competent Civil Court under section 34 of the Arbitration and Reconciliation Act, 1996.

4. Be that as it may, since there is no appearance, the writ petition stands dismissed for non-prosecution. (Rajiv Roy, J) Vijay Singh/- U