Patna High Court
Rina DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court may direct the administrative authority to adjudicate the pending arbitration appeal and pass a reasoned order within a stipulated time.
Summary
Petitioner Rina Devi filed a writ petition seeking a direction to the Divisional Commissioner, Saran, to consider and dispose of Arbitration Appeal No. 25 of 2021 filed under section 30(5) of the National Highway Act, 1956 for enhanced compensation in a land‑acquisition matter. The respondents argued they had no specific instruction but assured that the pending arbitration would be concluded at the earliest. The Court examined whether the writ court could intervene to compel the administrative authority to act on the pending arbitration appeal. Relying on the statutory provision allowing a petition under the National Highway Act for compensation enhancement, the Court held that the petition was maintainable. Consequently, the Court disposed of the writ petition by directing the Divisional Commissioner to hear all parties, pass a reasoned order, and complete the process by 31‑12‑2026.
Issues considered
- Whether the High Court can issue a writ directing the Divisional Commissioner to consider and dispose of an arbitration appeal pending under section 30(5) of the National Highway Act, 1956.
Legislation cited
- National Highway Act, 1956 — s. 30(5)
Subjects
- Arbitration
- Compensation
- Land Acquisition
- Writ Jurisdiction
- National Highway Act
- Administrative Direction
- Delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18503 of 2025
======================================================
Rina Devi W/O Shri Nayak Sah @ Nayak Prasad, Resident of village-Ekma,
P.O.-Ekma, P.S.-Ekma, District-Saran
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The Divisional Commissioner, Saran, at Chapra.
3. The District Land Acquisition Officer, Saran, Chapra.
4. The Project Director, Chapra, National Highway Authority of India, PIU
(Project Implementation Unit), Saran, Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Patel, Advocate
For the Respondent/s : Mr. Standing Counsel (15)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 21-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“(i) for direction to the respondents
concerned in particular, the respondent No. 2, to
consider and dispose off the Arbitration Appeal
No. 25 of 2021 filed by the petitioner under section
30(5) of the National Highway Act, 1956 for
enhancement of the amount of compensation
granted in relation to land acquisition by the
National Highway Authority Act pending since
17.03.2021.
Patna High Court CWJC No.18503 of 2025(3) dt.21-04-2026
2/2
(ii) The petitioner further prays for the
following order/orders, direction/directions, for the
following relief/reliefs, which she is entitled in the
facts and circumstances of the present case.”
3. The petitioner has come before this Court with a
simple prayer to consider and dispose of the Arbitration Appeal
No. 25 of 2021 pending before the respondent no. 2, The
Divisional Commissioner, Saran at Chapra.
4. The respondents submit that they do not have
instruction and if the case is still pending, will be taken to its
logical conclusion at an earliest.
5. In that background and accepting the contention
that the petition is still pending before the Arbitrator-cum-
Divisional Commissioner, Saran at Chapra, the writ petition
stands disposed of directing the concerned respondent to take up
the matter, hear all the parties after noticing them and pass an
appropriate reasoned order preferably by 31.12.2026.
(Rajiv Roy, J)
Adnan/-
U
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