Smt. Tara Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22311 of 2013 ======================================================

1. Smt. Tara Devi Wife Of Sri Ram Praksh Yadav Resident Of Village - Simara, P.S. Phulparas, District - Madhubani .... .... Petitioner/s

Versus

1. The State Of Bihar Through Project Director, Darbhanga

2. The Project Director, National Highway Authority Of India, Darbhanga

3. The District Land Acquisition Officer-Cum-Competent Authority, Madhubani District - Madhubani

4. The Additional Collector, Madhubani District Madhubani

5. The Ancahl Adhikari, Ghoghardiha Block, District - Madhubani .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Durga Nand Jha For the N.H.A. Mr. S.N.Pathak For the State Mr. Krishna Chandra AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-03-2017 Learned counsel for the petitioner seeks permission to add the name and designation of the respondent no. 4 in this writ petition.

Permission is accorded.

Accordingly, let the learned counsel for the petitioner add the name and designation of the respondent no. 4 in this writ petition within course of the day.

Second supplementary counter affidavit is filed on behalf of the respondent nos. 3 to 5 and at para-5 of the aforesaid second supplementary counter affidavit, it has specifically been mentioned that the Additional Collector, Sri Durga Nand Jha, has been appointed as an arbitrator on 02.11.2016 and the concerned

Patna High Court CWJC No.22311 of 2013 (6) dt.08-03-2017 2/2 arbitrator is hearing all the pending matters relating to the National Highways Act, 1956.

Admittedly, the appeal filed by the petitioner is also pending before the concerned arbitrator.

The grievance of the petitioner is that the appeal filed by the petitioner is pending before the arbitrator since 2012. Learned counsel appearing for the petitioner as well as respondents are agreed on this point that this writ petition may be disposed of with a direction to the concerned arbitrator to hear the matter relating to the petitioner and dispose of the same within a prescribed period.

In view of the aforesaid submission, the respondent no. 4, Sri Durga Nand Jha, Additional Collector, Madhubani who has been appointed as an arbitrator is directed to dispose of appeal no. 1 of 2012- 2013 filed on behalf of the petitioner within four months from the date of receipt/ production of a copy of this order. The petitioner is also directed to approach the aforesaid arbitrator within two weeks and get the concerned arbitrator apprise of the order of this Court.

(Hemant Kumar Srivastava, J) N.K/- U