Patna High Court
Anjana Devi Jaiswal @ Anjana DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court held that the writ petition challenging the arbitration award is not maintainable and the petitioner must approach the competent civil court.
Summary
Anjana Devi Jaiswal filed a writ petition challenging an award dated 06.02.2020 issued by the Arbitrator‑cum‑Divisional Commissioner, Patna, which rejected her claim for compensation at commercial rates for land acquired for the Dedicated Freight Corridor project. She also sought to quash a subsequent order dated 25.06.2021 that upheld the award. The respondents argued that any challenge to the award must be made before a competent civil court, not through a writ petition. The petitioner contended that the COVID‑19 pandemic caused delay, affecting limitation considerations. The High Court observed that the writ petition is not the appropriate forum for such a limitation issue and directed the petitioner to approach the civil court. Consequently, the petition was disposed, allowing the petitioner to pursue the matter in the appropriate civil jurisdiction.
Issues considered
- Whether a writ petition is the proper remedy to challenge the arbitration award and the order upholding it
- Whether the petitioner can claim compensation on a commercial rate for land acquired for the DFCCIL project
- Whether limitation bars can be raised in the writ petition or must be addressed in a civil court
Subjects
- land acquisition
- compensation
- commercial rate
- arbitration award
- writ petition
- limitation
- civil court
- Dedicated Freight Corridor Corporation of India Ltd
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20525 of 2021
======================================================
Anjana Devi Jaiswal @ Anjana Devi Wife of Dharmvir Prasad Resident of
Village- Ghataon, P.S- Kudra, District- Kaimur (Bhabua)
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Kaimur at Bhabua.
2. The District Magistrate, Kaimur at Bhabua.
3. The Competent Authority Cum- District Land Acquisition Officer, Bhabua,
District- Kaimur at Bhabua.
4. The Dedicated Freight Corridor Corporation of India Ltd. (D.F.C.C.I.L.)
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate
For the Respondent/s : Mr. Sajid Salim Khan (SC-25)
For the DFCCIL : Mr. Ajay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 01-05-2026 Heard Mr. Rajesh Kumar Mishra, learned counsel for
the petitioner, Mr. Sajid Salim Khan, learned SC-25 and Mr.
Ajay Kumar, learned counsel representing the Dedicated Freight
Corridor Corporation of India Ltd. (henceforth for short, ‘the
DFCCIL’).
2. The present petition has been preferred for the
following relief(s):
“for quashing the order dated
25.06.2021 passed in Rail Arbitration Case No. 27
of 2020 by learned Arbitrator-Cum- Divisional
Commissioner, Patna upholding the award dated
06.02.2020 passed against the petitioner and also
Patna High Court CWJC No.20525 of 2021(5) dt.01-05-2026
2/3
for quashing the order Cum Award dated
06.02.2020 passed in Award Case No. 11 of 2019-
20 by Competent Authority Cum District Land
Acquisition Officer, Bhabua, District Kaimur at
Bhabua whereby the claim of the petitioner
demanding compensation on commercial rate for
the acquired land was rejected.
And/or
Any other order/ orders which may deem
fit and proper.”
3. The order has been passed by the Arbitrator-cum-
Divisional Commissioner, Patna (Rail Arbitration Case No. 27
of 2020) rejecting the claim of the petitioner to consider her
land to be residential/commercial instead of agriculture.
4. The joint submission of the respondents is/are that
against the order passed by the Arbitrator-cum-Divisional
Commissioner, Patna, the petitioner has to move before a
competent Civil Court.
5. The order is dated 25.06.2021 and learned counsel
for the petitioner submits that it was the Covid period and at the
end of the said period, he preferred writ petition which resulted
into delay in filing the case before competent Civil Court.
Patna High Court CWJC No.20525 of 2021(5) dt.01-05-2026
3/3
6. If such limitation petition is filed, the Court
concerned shall be considering the limitation petition while
dealing with the matter.
7. With the aforesaid observation, the writ petition
stands disposed of allowing the petitioner to agitate the matter
before the competent Civil Court.
(Rajiv Roy, J)
Adnan/-
U
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