← Library
Patna High CourtCWJC/6867/2017disposed

Smt. Nilam Devi @ Smt. Nilam v. The Union Of India And ORS

2025-11-24Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6867 of 2017 ====================================================== Smt. Nilam Devi @ Smt. Nilam daughter of Shri Kapildeo Singh, Resident of Village Chhotaki Babhani, P.O.- Mocharim, P.S.- Bodh Gaya, District- Gaya. ... ... Petitioner/s

Versus

1.

The Union Of India and Ors 2.

The National Highway Authority of India.

3.

The State of Bihar through the Principal Secretary, Department of Road Construction, Govt. of Bihar 4.

The District Magistrate, Gaya.

5.

The Arbitrator, National Highway Authority of India cum Additional Collector, Gaya.

6.

The Divisional Commissioner-cum-Arbitrator, Magadh Division, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shakti Suman Kumar, Adv.

For the Respondent/s :

Mr. Sushil Kumar-Gp22 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-11-2025 Learned counsel for the petitioner prays for and is allowed to implead the Divisional Commissioner, Magadh Division, Gaya as respondent no. 6 in course of the day.

2. Heard the parties.

3. The present application has been preferred for the following relief(s):

a. For issuance of a writ in the nature of mandamus directing the respondent no.5 to conclude the arbitration proceeding bearing R.A case no.191/15 in an expeditious manner in accordance with law may be issued.

Patna High Court CWJC No.6867 of 2017(2) dt.24-11-2025 2/3 b. For any other relief/reliefs which may be deemed fit and proper by this Hon'ble Court.

4. The petitioner came with a simple prayer, to dispose of R.A. Case No. 191 of 2015 which was initially pending before the Arbitrator-cum-Additional Collector, Gaya but later upon the change in the Act, was transferred to the office of the Arbitrator-cum-Divisional Commissioner, Magadh Divison, Gaya.

5. The contention is that ten years have lapsed, pleadings have been completed but still, the final outcome has not been pronounced.

6. Learned State Counsel submits that immediate steps shall be taken.

7. It is unfortunate that for a decade, the case has not been taken to its logical conclusion despite the fact that pleadings have been completed, hearings have also taken place and only it is at the stage of judgment.

8. In that background, the writ petition is disposed of with a direction to the Divisional Commissioner-cum-Arbitrator, Magadh Division, Gaya to take up R.A. Case No. 191 of 2015 and dispose it of preferably by 31st March, 2026.

9. This order has been passed in the background of the

Patna High Court CWJC No.6867 of 2017(2) dt.24-11-2025 3/3 fact that the contention of the petitioner is that till date, the order has not been passed. If the order has been passed, nothing more is required.

(Rajiv Roy, J) Vijay Singh/- U