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Patna High CourtCWJC/5822/2021disposed

Shiv Shankar Sah @ Shankar Sah v. The State Of Bihar

2022-11-15Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5822 of 2021 ====================================================== Shiv Shankar Sah @ Shankar Sah son of Komal Sah, resident of village and P.o.- Tekari, Baraila, District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Principal Secretary, Department of Revenue, Govt. of Bihar, Patna 3.

The Deputy Development Commissioner, Rohtas 4.

The District Magistrate, Rohtas 5.

The Sub Divisional Officer, Rohtas 6.

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

For the Petitioner/s :

Mr. Shashi Bhushan Kumar For the Respondent/s :

Mr. Sajid Salim Khan (SC-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-11-2022 Heard Mr. Shashi Bhushan Kumar learned counsel for the petitioner, Dr. K.N. Singh Additional Solicitor General for the Union of India assisted by Sri S.N. Pathak and learned counsel for the State Mr. Vasi Ahmad Khan AC to SC-25 Mr. Sajid Salim Khan (SC-25).

The petitioner has remedy by way of approaching the Commissioner-cum-Arbitrator, Patna for arbitration. If an application for arbitration is filed by the petitioner the Commissioner-cum-Arbitrator, Patna Division will decide and dispose of the same in accordance with law after hearing the petitioner within four months of its filing. If the

Patna High Court CWJC No.5822 of 2021(2) dt.15-11-2022 2/2 petitioner is further aggrieved by the order of the Commissioner-cum-Arbitrator, Patna Division then the petitioner will approach the District Judge under Section 34 of the Act and the appeal of the petitioner shall be heard by the District Judge himself and he should not transfer the matters to an Additional District Judge.

With the aforesaid observations and directions, this writ petition is disposed of.

(Sandeep Kumar, J) Guddu/- U