Parmatma Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10472 of 2023 ====================================================== 1.

Parmatma Singh S/o Nageshwar Singh Resident of Maghar Mohar Ray Ke Tola, P.S.-Bhagwanpur Hatt, P.O.-Saghar, Sultanpur, Distt.-Siwan. 2.

Mahatma Singh S/o Late Nageshwar Singh Resident of Maghar Mohar Ray ke Tola, P.S.-Bhagwanpur Hatt, P.O.-Saghar, Sultanpur, Distt.-Siwan. 3.

Bharat Kumar Singh S/o Nageshwar Singh Resident of Maghar Mohar Ray ke Tola, P.S.-Bhagwanpur Hatt, P.O.-Saghar, Sultanpur, Distt.-Siwan. 4.

Bashishtha Singh S/o Ramadaya Singh Resident of Maghar Mohar Ray ke Tola, P.S.-Bhagwanpur Hatt, P.O.-Saghar, Sultanpur, Distt.-Siwan. 5.

Shatrughan Singh S/o Late Ramadaya Singh Resident of Vill.-Saghar, Sultanpur, Block- Bhagwanpur Hatt, Distt.-Siwan. 6.

Shailesh Singh S/o Nageshwar Singh Resident of Maghar Mohar Ray Ke Tola, P.S.-Bhagwanpur Hatt, P.O.-Saghar, Sultanpur, Distt.-Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secreary, Revenue and Land Reforms Department, Bihar, Patna.

2.

The Principal Secreary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The District Magistrate Cum Collector, Siwan. 4.

The District Land Acquisition Officer, Siwan. 5.

The Chairman, National Highway Authority of India, New Delhi. 6.

The Secretary, National Highway Authority of India, New Delhi. 7.

The Project Engineer, Ramjanki Highway Project, NH-227(A), National Highway Authority of India, at Siwan.

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

For the Petitioner/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.Raj Kishore Roy (GP18) Dr. Maurya Vijay Chandra, adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-02-2025 1.

Heard learned counsel for the petitioners, learned GP-18, Shri. Raj Kishore Roy and the learned counsel appearing on behalf of NHAI, Dr. Maurya Vijay Chandra.

2.

The learned counsel appearing on behalf of NHAI,

Patna High Court CWJC No.10472 of 2023(2) dt.18-02-2025 2/2 at the outset, submits that the petitioners have rushed to this Court without availing their alternative remedy against the order impugned in the instant writ application before the Arbitrator in terms of Section 3G(5) of the National Highways Act, 1956. 3.

The learned counsel appearing on behalf of the petitioners, at this stage, seeks permission to withdraw the writ application with liberty to move before the Arbitrator in terms of Section 3G(5) of the National Highways Act, 1956 against the order impugned in the instant writ application. 4.

Permission is accorded.

5.

It goes without saying that if issue of limitation arises before the Arbitrator, in that event the Arbitrator shall keep in mind that the petitioners were pursuing their remedy before this Court since 26-7-2023.

6.

Accordingly, the instant writ application is dismissed as withdrawn with the liberty aforesaid. (Satyavrat Verma, J) SUMIT/- U