Devi Sah v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4387 of 2017 ====================================================== Devi Sah Son of Late Ramjeet Sah, Resident of Village-Barej, P.O.-Kauriram, P.S. Mohaniya, District Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The Union Of India.

2.

The Deputy Secretary, Ministry of Road Transport and Highways, Govt. of India, New Delhi.

3.

The National Highways Authority of India, through its Chairman-CumSecretary, Ministry of Shipping 4.

The Project Director, National Highway Authority, Sasaram,Bihar 5.

The District Land AcQuisition Officer-Cum-Competent Authority, Kaimur at Bhabua.

6.

The Additional Collector-Cum-Arbitration, Kaimur at Bhabua. 7.

The State of Bihar through the District Magistrate, Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mrs. Nutan Sahay, AC to AAG-12 For the NHAI :

Dr. Maurya Vijay Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-09-2025 No one appears on behalf of the petitioner though the State as also the National Highway Authority of India are present through Mrs. Nutan Sahay, AC to AAG-12 and Dr. Maurya Vijay Chandra respectively.

2. The present petition has been preferred for the grant of following relief(s):

"for setting aside the order dated 4.4.2015 passed in Misc, Case No. 388/2014-15 by the Additional Collector-cum-Arbitrator,

Patna High Court CWJC No.4387 of 2017(2) dt.15-09-2025 2/2 Kaimur at Bhabua whereby and where under the learned Arbitrator has rejected the claim of the petitioner to calculate the value of acquired land in dispute at the rate of commercial in place of residential. And/or pass such any other order/orders which the court thinks the petitioner entitled for."

3. Learned counsels jointly submit that the Arbitratorcum-Additional Collector, Kaimur at Bhabhua has already passed an order and the petitioner has to move before the competent Civil Court under section 34 of the Arbitration and Reconciliation Act, 1996.

4. Be that as it may, since there is no appearance, the writ petition stands dismissed for non-prosecution. (Rajiv Roy, J) Adnan/- U