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Patna High Court

Guddu KumarversusThe State of Bihar

Decided
Disposal
CONSIGNED

Holding

The petition is dismissed as the respondents failed to remove the defects within the period prescribed by the peremptory order.

Summary

Guddu Kumar filed a writ petition seeking the court to direct the respondents to redetermine compensation under Section 3(G)(7) of the National Highway Act, 1956, alleging that the mandatory requirements of Sections 3(G)(3) and (4) were violated and that the matter should be referred to an arbitrator under Section 3(G)(5). The court issued a peremptory order on 14 July 2025 directing the respondents to remove the identified defects within three weeks. The respondents failed to comply, and consequently the petition was dismissed on 28 July 2025. The court, after reviewing the file, affirmed the dismissal, finding no basis to entertain the petition further.

Issues considered

  • Whether the petition for redetermination of compensation under Section 3(G)(7) of the National Highway Act, 1956 is maintainable when the mandatory requirements of Sections 3(G)(3) and (4) are alleged to be violated
  • Whether the matter should be referred to an arbitrator under Section 3(G)(5) of the Act

Legislation cited

Subjects

  • Compensation
  • National Highway Act
  • Redetermination
  • Procedural default
  • Writ jurisdiction
  • Arbitration

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.10969 of 2025
                 ======================================================
                 Guddu Kumar S/o Late Lalan Ram @ Late Lalan Paswan, Resident of
                 Village- Rampur Sinduriya, P.S- Barun, District- Aurangabad (Bihar).

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through The Principal Secretary Department of Revenue
                 and Land Reforms, Government of Bihar, Patna.
           2.    The District Magistrate-cum-Collector, Aurangabad.
           3.    The Competent Authority cum Deputy Collector Land Reform, Aurangabad.
           4.    The Circle Officer, Circle Barun, Aurangabad.
           5.    The Project Director, NH2 P.I.U. under National Highway Authority of
                 India, Sasaram (Bihar).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Anirudh Kumar Verma, Advocate
                 For the Respondent/s   :      Mr. Shiv Kumar, AC to GA-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   10-02-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “for commanding and directing upon the

                                  concerned         respondent        to       redetermine

                                  compensation under section 3 (G) (7) for the

                                  National High way Act, 1956 as there is violation

                                  of mandatory requirement of section 3(G) (3) and

                                  (4) of the Act, 1956 with alternate remedy to refer

                                  the matter before the arbitrator under section 3 (G)

                                  (5) of the Act, 1956.”
          Patna High Court CWJC No.10969 of 2025(3) dt.10-02-2026
                                                     2/2




                                3. On 14.07.2025, an order was passed to remove the

                    defect(s) within a period of three weeks.

                                4. As it was a peremptory order and the defect(s) was

                    not removed, it stood dismissed on 28.07.2025.

                                5. Perused the file and the same stands consigned.



                                                  (Rajiv Roy, J)
Adnan/-

U


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