Anil Kumar Sinha Vs Union of India — Patna HC (2025) — LawSathi Research

Anil Kumar Sinha Vs Union of India — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application dismissed as withdrawn with liberty to avail remedy in accordance with law before the Arbitrator against the impugned award; competent authority directed to bear in mind, on any limitation issue, that the petitioners pursued their remedy before this Court since April 2023.

Issue for consideration

Whether the petitioners could be permitted to withdraw the writ application with liberty to pursue their remedy in accordance with law before the Arbitrator against the award impugned in the writ application.

Court's answer

Permission accorded to the petitioners to withdraw the writ application with liberty to avail their remedy in accordance with law before the Arbitrator against the impugned award.

Ratio / Principle

If any issue of limitation arises before the competent authority, it shall keep in mind that the petitioners were pursuing their remedy before this Court since April 2023.

Key takeaways

The instant writ application is dismissed as withdrawn with the liberty aforesaid.ratio¶Judgment ¶5

Detailed headnote1 paragraphs

Patna High Court, CWJC No.5362 of 2023 (Satyavrat Verma, J), order dated 24-04-2025. Five petitioners from Gaya (Anil Kumar Sinha and others) had impugned an award in this writ application against the Union of India (Department of Road Transport and Highway) and Bihar Revenue and Land Reform authorities, including the Land Acquisition Officer, Gaya and the Circle Officer, Amas. After some arguments, learned counsel for the petitioners sought permission to withdraw the writ application with liberty to pursue their remedy in accordance with law before the Arbitrator against the impugned award. The Court accorded permission and dismissed the application as withdrawn with the liberty aforesaid, making it clear that if any issue of limitation arises, the competent authority shall keep in mind that the petitioners had been pursuing their remedy before this Court since April, 2023. No statute or precedent was examined and no amount was awarded.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5362 of 2023

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Anil Kumar Sinha S/o- Basudeo Prasad R/o- Mohalla- Near Kochar Petrol Pum, South Church Road, P.S.- Civil Lines, District Gaya.

Sanjeev Kumar S/o- Srikant Singh R/o- Mohalla- Mustafabad, Devi Asthan, P.S.- Rampur, District- Gaya.

Manish Kumar S/o- Govind Prasad R/o- Mohalla- Mustafabad, Saheed Bhagat Singh Colony, P.S.- Rampur, Distsrict- Gaya.

Ravi Ranjan Kumar S/o- Ramakant Singh, R/o- Mohalla, Chaurahar, P.S.Civil Lines, District- Gaya.

Kamlesh Singh, S/o- Kedar Singh, R/o- Village- Pananiyan, P.S.- Guraru, District- Gaya.

... ... Petitioner/s

Versus

Union of India through its Prinicipal Secretary, Department of Road Transport and Highway.New Delhi.

The State of Bihar, through Additional Chief Secretary, Revenue and Land Reform, Bihar, Patna.

Principal Secretary, Revenue and Land Reform Department, Bihar, Patna.

Director, Revenue and Land Reform, Department,Bihar, Patna.

District Magistrate, Gaya, Bihar.

Land Acquisition Officer, Gaya.

Circle Officer, Amas, District - Gaya.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Respondent/s : Mr. Asif Kalim, AC to AAG-12 For UOI : Mr. Amrendra Nath Verma, Sr. CGC Mrs. Surbhi Bhushan

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 24-04-2025

Heard learned counsel for the petitioner, learned

AC to AAG-12 for the State and the learned counsel appearing on behalf of the Union of India.

The learned counsel for the petitioners, after some

arguments, seeks permission to withdraw the writ application

Patna High Court CWJC No.5362 of 2023(3) dt.24-04-2025 2/2

with liberty to avail their remedy in accordance with law before the Arbitrator against the award which is impugned in the instant writ application.

Permission is accorded.

It is made clear that if any issue of limitation will

arise, the authority competent shall keep in mind that petitioners were pursuing their remedy before this Court since April, 2023.

5. Accordingly, the instant writ application is

dismissed as withdrawn with the liberty aforesaid.

(Satyavrat Verma, J)

Rishabh/-

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