Patna High Court
Mrityunjay KumarversusThe Union Of India and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition must be pursued before the Arbitrator‑cum‑Divisional Commissioner, and the writ petition is disposed of.
Summary
The petitioner, a resident of Maranchi village, filed a writ petition seeking a fresh measurement of land being acquired for the construction of NH‑31 and the quashing of certain Gazette notifications issued under the National Highways Act. The petition was originally filed before the District Land Acquisition Officer, but the respondents argued that the appropriate forum for such grievances is the Arbitrator‑cum‑Divisional Commissioner appointed under the NHAI scheme. The court examined whether the High Court has jurisdiction to entertain the writ or whether the petitioner must first approach the designated arbitrator. It held that the petitioner should pursue the matter before the Arbitrator‑cum‑Divisional Commissioner, who has the statutory power to adjudicate such disputes. Accordingly, the writ petition was disposed of, with a direction that the petitioner approach the arbitrator within eight weeks and that the arbitrator issue an appropriate order by year‑end.
Issues considered
- Whether the High Court has jurisdiction to entertain the writ petition challenging the land measurement and Gazette notifications.
- Whether the petitioner must first approach the Arbitrator‑cum‑Divisional Commissioner under the NHAI scheme for redress.
Legislation cited
- National Highways Act — s. 3A, 3-D
Subjects
- land acquisition
- National Highways Act
- writ jurisdiction
- arbitration
- fresh land measurement
- gazette notification
- NHAI
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3212 of 2014
======================================================
Mrityunjay Kumar Son Of Late Suresh Prasad Singh Resident Of Village and
P.O. Maranchi, P.S. Maranchi District - Patna
... ... Petitioner/s
Versus
1. The Union Of India
2. The Secretary, Ministry of Surface Transport, Government of India
3. The Chief General Manager, Regional Office, National Highways Authority
Of India, S.K. Puri, Patna
4. The Project Director, National Highways Authority of India, Sri
Krishnapuri, Patna
5. The State of Bihar Through, The Principal Secretary Revenue and Land
Reforms Department
6. The Principal Secretary, Revenue And Land Reforms Department,
Government Of Bihar, Patna
7. The Land Acquisition Officer-Cum-Competent Authority, Patna District
Patna
8. Arbitrator-cum-Divisional Commissioner, Patna Division, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajan, Advocate
For the State : Mr. Syed Iqbal Ahmad, SC-20
For the NHAI : Mr. Kumar Gautam, Advocate
: Ms. Priyanshu Kumari, Advocate
For the
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 02-02-2026 Learned counsel for the petitioner prays for and is
allowed implead the Arbitrator-cum-Divisional Commissioner,
Patna Division, Patna as respondent no.8 in course of the day.
2. Heard Mr. V.R.P., Singh, learned counsel for the
petitioner, Mr. Kumar Gautam, representing the National
Highway Authority of India (henceforth for short ‘the NHAI’)
Patna High Court CWJC No.3212 of 2014(7) dt.02-02-2026
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and Mr. Mahtab Alam, learned AC to SC-20.
3. The present petition has been preferred for the
grant of following relief(s):
“for issuance of proper writ to the
respondents directing them to conduct a fresh
measurement of lands of village Maranchi
(District-Patna), which is being acquired for
construction of N.H.-31 (Bakhtiyarpur-Khagaria
Section) and publish the names of the persons
having interest in those lands after quashing the
portion of the Gazette Notification no. 985, New
Delhi, Thursday May 2, 2013, Baisakh 12, 1935,
published by Ministry of Surface Transport and
Highways of the Government of India, in daily
news paper namely 'Dainik Jagran' on
06.07.2013 (Annexure-1) under section 3A of the
National Highways Act, relating to village
Maranchi, alongwith the portion of Gazette
Notification no. 2589, New Delhi, Thursday
November 12, 2013, Kartika, 21, 1935
(Annexure-3) relating to Maranchi village, under
section 3-D of the N.H. Act, published in News
Patna High Court CWJC No.3212 of 2014(7) dt.02-02-2026
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Paper namely Dainik Jagran on 14.12.2013.”
4. At the outset, learned counsel for ‘the NHAI’
submits that if the petitioner has grievance, he can move before
the Arbitrator-cum-Divisional Commissioner, Patna Division,
Patna for redressal of the grievance.
5. Learned counsel for the petitioner submits that
although, the petition was preferred before the District Land
Acquisition Officer, Patna, in the given situation and since the
power of arbitration has been vested with the Divisional
Commissioner of the division, a fresh petition shall be preferred
before the concerned respondents.
6. Learned counsel representing the respondents
submits that if the same is preferred, it will be taken to its
logical conclusion at an earliest.
7. In that background, the writ petition is disposed of
allowing the petitioner to approach the concerned Arbitrator-
cum-Divisional Commissioner, Patna Division, Patna in next
eight weeks who shall be taking up the matter and after
noticing/hearing the parties shall be passing an appropriate order
at an earliest, preferably by the end of this year.
8. This order has been passed in the background of
the statement made by learned counsel for the petitioner that a
Patna High Court CWJC No.3212 of 2014(7) dt.02-02-2026
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petition was preferred before the District Land Acquisition
Officer and not before the then Arbitrator-cum-Additional
Collector and/or any order has been passed in this matter.
(Rajiv Roy, J)
vinayak/-
U
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