Disposed

Rameshwar Prasad v. District Collector, Jodhpur

Rajasthan HC11 Jan 2022CW/298/2022

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking directions for expedited disposal of a pending arbitration application under the National Highways Act, 1956. The petitioner was directed to file an expeditious hearing application within six months, and it was ordered that any determined award amount be disbursed within four weeks.

What did the court decide?

Direction to the petitioner to file an application for early hearing of arbitration application and to decyde it within six months; order to disburse determined award within four weeks.

Rameshwar Prasad Vs District Collector… — Civil Procedure and Limitation | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Writ Petition No. 298/2022

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Rameshwar Prasad S/o Shri Chandra Ram Jangid, Aged About 36 Years, R/o Village Post Jalam Nagar, Dhandhnia Sasan, Tehsil Balesar, District Jodhpur, Rajasthan.

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----Petitioner

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Versus

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District Collector, Jodhpur, Jodhpur

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Project Director, National Highways Authority Of India, Umed Heritage, Ratanada, Jodhpur.

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The Land Acquisition Officer Cum Sub Divisional Officer, Balesar, District Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Moti Singh through V.C.

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JUSTICE DINESH MEHTA

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Order

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11/01/2022

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Present writ petition has been preferred by the petitioner for seeking a direction to the respondent No.2 for early disposal of his application for arbitration (No.2/2021) filed under Section 3G(5) of the National Highways Act, 1956, which is pending since January 2021.

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Mr. Moti Singh, learned counsel for the petitioner submits that in spite of the fact that the pleadings in the case are complete, the District Collector, Jodhpur has not decided the said application.

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The present writ petition is, therefore, disposed of with the direction to the petitioner to file an application for early hearing/disposal of the arbitration application (No.2/2021),

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(2 of 2)

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[CW-298/2022]

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pending with the District Collector, Jodhpur along with the copy of the order instant.

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On receipt of the application and certified copy of the order instant, the District Collector, Jodhpur shall decide the arbitration application expeditiously, in accordance with law, as early as possible, preferably within a period of six months from the receipt of the application.

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Needless to observe that the petitioner shall be free to move an application before the concerned Land Acquisition Officer for disbursement of the amount that has already been determined.

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In case, petitioner moves an application, the Land Acquisition Officer shall disburse the amount that has already been determined to the petitioner, as early as possible, preferably within a period of four weeks of receipt of the application.

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Needless to observe that withdrawal of award amount shall not prejudice petitioner’s case being No.2/2021, pending before the District Collector, Jodhpur.

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Stay petition also stands disposed of accordingly.

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(DINESH MEHTA),J

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46-Ramesh/-

Rameshwar Prasad v. District Collector, Jodhpur

Case brief

What is this about?

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Rameshwar Prasad v. District Collector, Jodhpur

Case brief

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