Basant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1913 of 2021 ====================================================== 1.

Basant Kumar Son of Late Sadasi Mahto @ Sadasi Prasad @ Sadashiv Prasad Resident of Village- Suggi, P.O.- Umga, P.S.- Madanpur, DistrictAurangabad, (Bihar). 2.

Rajendra Prasad Singh Son of Late Ram Lakhan Singh Resident of VillageTaradih, P.O.- Umga, P.S.- Madanpur, District- Aurangabad (Bihar). 3.

Ramkripal Prasad Son of Late Awadh Bihari Singh Resident of VillageTaradih, P.O.- Umga, P.S.- Madanpur, District- Aurangabad (Bihar). 4.

Rakesh Kumar Son of Late Sadhu Sharan Singh Resident of VillageTaradih, P.O.- Umga, P.S.- Madanpur, District- Aurangabad (Bihar). Presently resides at Village Gewal Bigha, Baulipar, Near Munni Masjid, P.S.- Gaya, District- Gaya (Bihar).

5.

Laleshwar Prasad Son of Late Bindeshwar Singh Resident of VillageTaradih, P.O.- Umga, P.S.- Madanpur, District- Aurangabad (Bihar). 6.

Din Dayal Prasad Son of Late Ayodhya Prasad Resident of Village- Taradih, P.O.- Umga, P.S.- Madanpur, District- Aurangabad (Bihar). Presently resides at Near Kali Mandir, Village- Tata Sijua Russi Vihar, P.O.- Belatand, P.S.- Dhanbad, District- Dhanbad (Jharkhand).

7.

Satyendra Singh Son of Late Anant Singh Resident of Village- Taradih, P.O.- Umga, P.S.- Madanpur, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reforms, Bihar, Patna. 3.

The Collector, Aurangabad, Bihar.

4.

The Arbitrator-cum-Additional Collector, Aurangabad, Bihar. 5.

The Deputy Collector, Revenue and Land Reforms Department, Aurangabad, Bihar.

6.

The Circle Officer, Madanpur, Aurangabad, Bihar. 7.

National Highway Authority of India through The Project Director, P.I.U., Sasaram, Bihar.

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

For the Petitioner/s :

Mr.Manish Kumar For the State :

Mr. Dhurjati Kumar Prasad, GP-14 For the NHAI :

Mr. Gaurav Govinda, Adv Ms. Preety Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-04-2025 1.

Heard learned counsel for the petitioners, learned GP-14, Shri Dhurjati Kumar Prasad and the learned counsel

Patna High Court CWJC No.1913 of 2021(3) dt.07-04-2025 2/2 appearing on behalf of the NHAI.

2.

Learned counsel appearing on behalf of the NHAI submits that from perusal of Annexure-2 to the writ application, it would manifest that already arbitral award has been passed by the Arbitrator-cum-Additional Collector, Aurangabad in LA Case No. 205 of 2016-17. It is next submitted that since Arbitrator has already adjudicated the case and in the event if the petitioners are aggrieved by the said award, they have remedy to resort to in accordance with law under the Arbitration Act. It is further submitted by the learned counsel appearing on behalf of the NHAI that prior to the Commissioner being appointed as Arbitrator, the arbitration was being done by the Additional Collector. 3.

At this stage, learned counsel appearing on behalf of the petitioners seeks permission to withdraw the writ application with liberty to the petitioners to avail their alternative remedy in accordance with law.

4.

Permission is accorded.

5.

Accordingly, the instant writ application is dismissed as withdrawn with the aforesaid liberty.

(Satyavrat Verma, J) SUMIT/- U