The Patna High Court set aside an earlier order and allowed the petitioner to pursue remedy under Section 3(6) of the National Highways Act, 1956, after condoning delay.
Order dated 24.08.2012 set aside; petitioner relegated to remedy under S. 3(6) of National Highways Act 1956.
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Patna High Court CWJC No.19767 of 2012 (3) dt.11-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19767 of 2012
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TAPESHWAR SHAH S/O LATE SURYA NARAYAN SHAH R/O VILLAGE AND P.O.- PHULPRAS, DISTRICT- MADHUBANI
.... .... PETITIONER/S VERSUS 1. THE DISTRICT MAGISTRATE, MADHUBANI 2. DISTRICT LAND ACQUISITION OFFICER, MADHUBANI
.... .... RESPONDENT/S ====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate. For the Respondent/s : Mr. Ram Balak Mahto AG For the NHAI : Mr. S.N. Pathak, Sr S C C G
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA ORAL ORDER
3 11-12-2012 Upon hearing learned counsel for the parties, the Order dated 24.08.2012 is set aside. Since the petitioner of CWJC No. 4663 of 2012 has been given opportunity under Section 14 of the Limitation Act and delay has been condoned.
The petitioner is relegated to avail the remedy under Sub-section (6) of Section 3 ‘G’ of the National Highways Act 1956 on merit.
With the above observation, the writ petition is
disposed.
(Prakash Chandra Verma, J)
Bhardwaj/-
2 issues framed by the court
Whether the writ petition maintainable despite delay due to condonation under Section 14 of the Limitation Act.
Whether the petitioner must be relegated to an alternative remedy under Section 3(6) of the National Highways Act, 1956.
2 provisions across 2 enactments
Tapeshwar Shah
The District Magistrate, Madhubani
District Land Acquisition Officer, Madhubani
National Highway Authority of India
Additional Collector-Cum-Arbitrator, N.H. 57, Madhubani
Prakash Chandra Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
