National Highway Authority Of India v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10932 of 2015 ====================================================== National Highway Authority of India through the Project Director, Project Implementation Unit, Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Buxar. 2.

The Additional Collector, Buxar - Cum - Arbitrator, District - Buxar. 3.

The Competent Authority - Cum - District Land Acquisition Officer, Buxar, District - Buxar.

4.

Gyatri Devi Wife of Surendra Nath Upadhayay, Resident of Village - Curamanpur, District - Buxar.

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

For the Petitioner/s :

Mr. Ranjan Kumar Srivastava, Adv.

For the Respondent/s :

Mr. Vinay Kumar Mishra, AC to AAG-15.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. After some argument, learned counsel for the petitioner seeks permission to withdraw the present writ petition to avail statutory remedy before the competent Civil Court under Section 34 of The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996) as the order under challenge has been passed by the Additional Collector-cum-Arbitrator, Buxar under Section 3G(5) of The National Highways Act, 1956 (Act No.48 of 1956) and Section 3G(6) of The National Highways Act, 1956 indicates that further proceeding shall run according to The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996).

Patna High Court CWJC No.10932 of 2015(2) dt.26-07-2023 2/2

3. In this view of the matter, the present writ petition stands disposed off with liberty to the petitioner that he may avail his remedy before appropriate forum.

4. The delay, if any, for availing appropriate remedy is hereby condoned.

(Dr. Anshuman, J.) Ritik/- U