Anil Tiwari v. The National Highways Authority Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6179 of 2023 ====================================================== Anil Tiwari son of Shambhu Tiwari Resident of village-Nagmatia, P.S.- Madanpur, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The National Highways Authority of India through the Chief General Manager, Regional Office, National Highways Authority, Patna. 2.

The Chief General Manager, Regional Office, National Highways Authority, Patna.

3.

The Project Director, National Highways Authority of India, Sasaram, Rohtas.

4.

The Regional Manager, National Highways Authority of India, Patna. 5.

The Competent Authority-cum-Deputy Collector, Land Reforms (CALA), Aurangabad.

6.

The State of Bihar through the Divisional Commissioner, Magadh Division, Gaya.

7.

The Collector-cum-District Magistrate, Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Dubey, Advocate Mr. Suraj Kumar, Advocate For the Respondent/s :

Mr. Sajid Salim Khan, (SC-25) For the NHAI :

Mr. S.N. Pathak, Advocate Mr. Rajesh Kumar Shandilya, Advocate Mr. Vinayak Harshvardhan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2024 Heard the parties.

2. The present writ petition has been preferred for the grant of following relief/s:- "That this application is preferred for issuance of an appropriate writ, preferably in the nature of mandamus, commanding upon the respondent Authority to pay to the

Patna High Court CWJC No.6179 of 2023(3) dt.07-05-2024 2/3 petitioner the amount of Rs. 3287866/- (Rupees Thirty two lacs eighty seven thousand eight hundred sixty six) being the amount of arbitral award made in his favour by the Competent Authority-cum-Deputy Collector, Land Reforms, Aurangabad in L.A. Case No.77/2016-17 for acquisition of the land of the petitioner appertaining to Khata No.192, Plot No.22, Area 0.0450 Hectare, P situated in village-Madanur, Thana No.785 in the district of Aurangabad.

Further, it is for grant of any other relief/reliefs for which the petitioner may be found entitled to in the facts and circumstances of the case."

3. A counter-affidavit on behalf of respondent No. 3 has come and paragraph-4 reads as follows:- "4. Without prejudice to the above made submissions it is submitted that the award passed by the learned Arbitrator is executable before the concerned Executing Court and therefore when the original writ

Patna High Court CWJC No.6179 of 2023(3) dt.07-05-2024 3/3 petitioners had a statutory remedy available to execute the award by initiating the execution proceedings before the concerned Executing Court, this Hon'ble High Court ought not entertain the writ petitions under Article 226 of the Constitution of India to execute the award passed by the learned Arbitrator, reliance is placed upon NHAI vs.

Sheetal Jaidev Vade & Ors. [CIVIL APPEAL NO. 5256 of 2022, Supreme Court]"

4. Learned counsel for the petitioner submits that he shall be approaching the Executing Court for the redressal of his grievance.

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

(Rajiv Roy, J) Adnan/- U