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.10963 of 2015 ====================================================== National Highway Authority Of India ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

The Competent Authority - Cum - District Land Acquisition officer, Buxar, District - Buxar 4.

Sambhu Nath Yadav Son of Late Radhe Prasad Yadav Resident of village - Pratap Sagar, P.S. Dumraon, District - Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Srivastava, Adv.

For the Respondent/s :

Mr. Sarvesh Kumar Singh, AAG-13 :

Mr. Arya Achint ( AC to AAG-13) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-07-2023 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.10963 of 2015(2) dt.27-07-2023 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 statutory remedy before appropriate forum.

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

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