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Patna High Court

Shanti DeviversusThe Eastern Dedicated Freight Corridor Corporation of India Pvt. Ltd.

Decided
Disposal
DISPOSED

Holding

The High Court held that the petitioner had no entitlement to a writ of mandamus because the award had been paid and the correct remedy was to approach a civil court under the Arbitration and Conciliation Act, 1996.

Summary

Shanti Devi, the petitioner, owned land that was acquired for a railway over‑bridge and was dissatisfied with the compensation paid. She approached the Arbitrator‑cum‑Divisional Commissioner, who prepared an award and indicated that payment had been made, which the petitioner received. Unsatisfied, she filed a writ petition in the Patna High Court seeking a mandamus directing the respondents to consider her case for a higher award and interest. The respondents argued that any further remedy lay under the Arbitration and Conciliation Act, 1996, and that the petitioner should have approached a civil court. The Court observed that the petitioner had already received the award amount and had not pursued the appropriate civil remedy, thus she had “missed the bus.” Consequently, the writ petition was dismissed.

Issues considered

  • Can a writ of mandamus be issued to compel payment of an arbitration award after the award has been executed?
  • Is the appropriate remedy for the petitioner to approach a civil court under the Arbitration and Conciliation Act, 1996 rather than the High Court?
  • The High Court's jurisdiction to entertain the writ petition in these circumstances.

Legislation cited

Subjects

  • land acquisition
  • arbitration award
  • mandamus
  • writ jurisdiction
  • Arbitration and Conciliation Act, 1996
  • civil remedy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.13574 of 2023
                 ======================================================
                 Shanti Devi Wife of Bal Krishan Singh, Resident of village- Tenduni Tola,
                 Yogi Beer Dumranv Road, Bikramganj, P.S.- Bikramganj, District- Rohtas at
                 Sasaram. At present- S-21/B- 367 Indra Kalyan Vihar, Okhla, Phase 1, New
                 Delhi, South Delhi, Delhi- 110020
                                                                          ... ... Petitioner/s
                                                   Versus
           1.     The Eastern Dedicated Freight Corridor Corporation of India Pvt. Ltd.
                  through Chief Project Manager, Mughalsarai, Varanasi
           2.    The Deputy Project Manager, Eastern Dedicated Freight Corridor
                 Corporation of India Pvt. Ltd., Mughalsarai, Varanasi.
           3.    The State of Bihar through the Principal Secretary, Revenue Department
                 Govt. of Bihar, Patna
           4.    The Arbitrator cum Commissioner Patna Division, Patna.
           5.    The District Magistrate, Rohtas at Sasaram.
           6.    The competent Authority cum District land Acquisition officer, District-
                 Rohtas
           7.    The Circle Officer, Sasaram, District Rohtas.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :         Mr. Jai Prakash Singh, Adv.
                                                     Mrs. Arti Kumari, Adv.
                 For the Respondent/s      :         Mr. Birendra Pd. Singh, AC to SC-19
                 For resp. nos. 1 & 2      :         Mr. Tiwari Shwetketu, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   07-04-2026                        Heard Mrs. Arti Kumari,            learned counsel for the

                   petitioner and the State.

                                 2. The present application has been preferred:

                                                          for issuance of writ in the nature of
                                               mandamus or any other writ or writs, direction
                                               or directions to the respondents authorities to
                                               consider the case of the petitioner for grant and
                                               to pay the award amount of the land of the
                                               petitioner, considering the land of the petitioner
                                               as Branch Road (Residential) along with interest
                                               in accordance with law.
                                 3.     The petitioner earlier owned a land under Nagar
           Patna High Court CWJC No.13574 of 2023(2) dt.07-04-2026
                                                      2/2




                     Parishad- Sasaram which was acquired for railway over-bridge

                     construction. The petitioner is aggrieved by the amount that was paid

                     and accordingly, moved before the Arbitrator.

                                  4. It was taken by the Arbitrator-cum-Divisional

                     Commissioner, Patna in Rail Arbitration Case No. 23 of 2021 and

                     recording that an award has been prepared and the payment has been

                     made according to the category there which has been received by the

                     petitioner. In that background, no case is made out, it was rejected

                     (Annexure- 3 to the petition).

                                  5. Aggrieved, the present petition.

                                  6. The stand of the respondents is/are that against the said

                     order passed by the Arbitrator, the petitioner ought to have moved

                     before the Competent Civil Court under Arbitration and Conciliation

                     Act, 1996.

                                  7. This Court can only record that the petitioner has

                     missed the bus. Without commenting further on the merit of the case

                     and granting liberty to act in accordance with law, now that the

                     payment has already been received by her, the writ petition is

                     disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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