Dismissed

Radheshyam Tiwari v. The Union of India through the Chairman National Highways Authority of India

Patna HC14 Jan 2020CWJC/134/2020

Case brief

AI extract

What is this about?

In this oral order, the Single Judge held that a writ petition challenging an order of an arbitrator under the NH RA Act is not maintainable as the remedy of appeal lies under the Act. The petitioner was granted liberty to file such an appeal.

What did the court decide?

Writ petition dismissed with liberty to file appeal before the appropriate authority within 30 days.

Radheshyam Tiwari Vs The Union of India through… — Civil Procedure and Limitation | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.134 of 2020

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Radheshyam Tiwari, aged about 58 years, Male, Son of Late Jagdeyal Tiwari, resident of Village- Bishunpura, P.O. Bampali, P.S.- Udwantnagar, DistrictBhojpur.

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... ... Petitioner/s

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Versus

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The Union of India through the Chairman National Highways Authority of India, New Delhi.

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The Chairman, National Highways Authority of India, New Delhi.

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The Project Director, National Highways Authority of India, Project Implementation Unit Patna.

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

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The Director, Land Acquisition Directorate, Govt. of Bihar, Patna.

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The Commissioner, Patna Commissionary, Patna.

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The District Collector, Bhojpur (Ara).

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The Chairman of six men Committee through the District Collector, Bhojpur (Ara).

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The District Land Acquisition Officer, Bhojpur (Ara).

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The Additional District Collector, Bhojpur (Ara).

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The Deputy Collector, Land Reforms, Bhojpur (Ara).

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The District Sub-Registrar Land Registration Office, Bhojpur (Ara).

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The Sub-Divisional Officer, Sadar, Ara, Bhojpur.

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The Circle Officer, Udwantnagar, Bhojpur (Ara).

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... ... Respondent/s

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Appearance : For the Petitioner : Mr. Maya Shankar Mishra, Advocate For the State : Mr. Raj Kishore Roy, G.P.18 For U.O.I. : Mr. S.D. Sanjay, A.S.G. Mr. Anshay Bahadur Mathur, A.S.C.

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 14-01-2020 Heard both sides.

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The petitioner has filed this writ petition against the

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order passed by the Commissioner, Patna Division Patna-cum-

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Patna High Court CWJC No.134 of 2020(2) dt.14-01-2020 2/2

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Arbitrator under the N.H. Act.

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Any order passed by the Arbitrator is appealable under the Act as has already been held by a Division Bench of this Court in the case of Project Director, National Highway Authority vs. Md. Gufran Alam, reported in 2014 (1) PLJR 207 in L.P.A. No.1289 of 2011.

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In this view of the fact, this writ petition is not maintainable and the same is dismissed with liberty to the petitioner to file appeal before the appropriate authority within 30 days from the date of this order.

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(Prabhat Kumar Jha, J)

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S.KUMAR/-

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Radheshyam Tiwari v. The Union of India through the Chairman National Highways Authority of India

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Radheshyam Tiwari v. The Union of India through the Chairman National Highways Authority of India

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