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Patna High Court

Jang Bahadur SinghversusThe Union Of India and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution as the appropriate forum was not approached.

Summary

Petitioner Jang Bahadur Singh filed a writ petition in the Patna High Court seeking to set aside an order dated 21‑03‑2015 passed by the Additional Collector‑cum‑Arbitrator, which rejected his claim for valuation of acquired land at commercial rates. The petition alleged that the land should be categorized as commercial rather than residential. No counsel appeared on behalf of the petitioner, while State counsel and NHAI counsel were present. The Court observed that the petitioner should have approached the appropriate court or authority for relief rather than filing a writ petition, and noted the lack of prosecution. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

  • Whether the writ petition is the appropriate remedy to challenge the Arbitrator's order on land valuation
  • Whether the High Court can set aside the order dated 21‑03‑2015 passed by the Additional Collector‑cum‑Arbitrator

Subjects

  • writ petition
  • land acquisition
  • valuation of land
  • jurisdiction
  • non‑prosecution

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2808 of 2017
                 ======================================================
                 Jang Bahadur Singh Son of Late Paramhans Singh Resident of Village -
                 Barej, P.O. - Kauree Ram, P.S. Mohaniya, District Kaimur, Bhabua.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The Union Of India
           2.    The Deputy Secretary, Ministry of Road Transport and Highways, Govt. of
                 India, New Delhi.
           3.    The National Highways Authority of India through its Chairman-cum-
                 Secretary, Ministry of Shipping R
           4.    The Project Director, National Highway Authority, Sasaram, Bihar.
           5.    The District Land Acquisition Officer-cum-Competent Authority, Kaimur at
                 Bhabua.
           6.    The Additional Collector-cum-Arbitration, Kaimur at Bhabua.
           7.    The State of Bihar through the District Magistrate, Kaimur at Bhabua.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     None
                 For the State            :     Mr. Dhurjati Kumar Prasad, GP-14
                 For the NHAI             :     Mr. Dr. Maurya Vijay Chandra, Advocate
                                          :     Mr. Gaurav Govinda, Advocate
                                          :     Ms. Preety Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   16-02-2026                     No one appears on behalf of the petitioner though

                   learned State counsel as also learned counsel representing the

                   National Highway Authority of India are present.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                 “for setting aside the order dated

                                        21.03.2015 passed in Misc. Case No. 313/2014-

                                        15 by the Additional Collector-cum-Arbitrator,
            Patna High Court CWJC No.2808 of 2017(3) dt.16-02-2026
                                                        2/2




                                         Kaimur at Bhabhua whereby and where under

                                         the learned Arbitrator has rejected the claim of

                                         the petitioner to calculate the value of acquired

                                         land in dispute at the rate of commercial in place

                                         of residential and/or pass such any other

                                         order/orders         which   the   court   thinks   the

                                         petitioner entitled for.”


                                  3. Learned State counsel submits that the order dated

                      21.03.2015 passed by the Additional Collector-cum-Arbitrator,

                      Kaimur at Bhabhua in Misc. Case No. 313 of 2014-15

                      (Jangbahadur Singh and Ors. vs. National Highway Authority of

                      India & Ors.) by which the demand of categorization of the land

                      of the petitioner was negated.

                                  4. The submission is that against the said order, the

                      petitioner ought to have move before an appropriate

                      court/authority instead of filing the writ petition.

                                  5. Be that as it may, since there is no appearance, the

                      writ petition is dismissed for non-prosecution.



                                                    (Rajiv Roy, J)
vinayak/-

U


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