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Patna High CourtCWJC/15261/2019disposed

Shafiya Khatoon v. The State Of Bihar

2019-07-29Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15261 of 2019 ====================================================== Shafiya Khatoon Wife of Md. Vahi Dussamad @ Wahdoo Samad, D/o Late Abdul Bari Resident of Village Panhesa, P.O. and P.S. and District- Nalanda at present residing at Kasari Masari Chakiya Allahabad GTB Nagar Allahabad Uttar Pradesh 211016.

... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner-cum- Arbitrator Patna Division, Patna. 3.

The District Magistrate Cum- Collector Nalanda. 4.

The District Land Acquisition Officer Nalanda. 5.

The Project Director (Technical) Project Execution Unit National Highway82 Rajgir, Nalanda at Biharsharif. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Nath Singh, Advocate For the State :

Mr.Md.Khurshid Alam (AAG-12) For the NHAI : Mr. S.N. Pathak, SC, NHAI ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-07-2019 Heard learned counsel for the parties.

2. Petitioner is aggrieved by the award made by the Divisional Commissioner cum Arbitrator, Patna Division, Patna in NH Arbitration Case No. 18/ 2018. The said award has been made under Section 3-G(5) of the National Highway Act, 1956, against which the petitioner has a remedy under the provisions of Arbitration and Conciliation Act, 1996.

3. This writ application is disposed of with liberty that the petitioner may challenge the award before the appropriate

Patna High Court CWJC No.15261 of 2019(2) dt.29-07-2019 2/2 forum subject to question of limitation, if any. (Chakradhari Sharan Singh, J) Rajesh/- U