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Patna High Court

Anjana Devi Jaiswal @ Anjana DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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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