Patna High Court
Tanzim FarooqueversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed, with the petitioner granted liberty to challenge the orders before the appropriate forum.
Summary
Tanzim Farooque filed a writ petition in the Patna High Court seeking a certiorari to quash an order dated 12 September 2023 issued by the Arbitrator‑cum‑Commissioner in N.H. Arbitration Case No. 611 of 2019, and an award dated 6 October 2017 passed by the District Land Acquisition Officer. He also prayed for a mandamus directing the respondents to pay compensation at a commercial rate, similar to that given to adjoining land. The petitioner argued that the orders were illegal and that the compensation rate was inadequate. The Court examined whether the High Court could entertain a direct challenge to the arbitration and land acquisition orders and whether it could direct compensation. The Court granted the petitioner liberty to approach the appropriate forum for challenging the orders and disposed of the writ petition without further interference.
Issues considered
- Whether the High Court has jurisdiction to issue a writ of certiorari to quash the arbitration award and land acquisition order.
- Whether the petitioner is entitled to compensation at a commercial rate as directed by the same authorities.
Subjects
- certiorari
- mandamus
- land acquisition
- compensation
- arbitration award
- writ jurisdiction
- NHAI
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.325 of 2024
======================================================
Tanzim Farooque Son of Late Farooque Raja Resident of Village-Belarhi
Police Station-Sasaram, District-Rohtas at Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue Department,
Government of Bihar, Patna.
2. The Commissioner-Cum-Arbitrator, Patna Division, Patna.
3. The Collector, District-Rohtas, Sasaram.
4. The General Manager-Cum-Project Director, National Highway Authority of
India, Project Officer, Varanasi.
5. The Project Manager (Technical), National Highway Authority of India,
Project Officer, Varanasi.
6. The Competent Authority-cum-District Land Acquisition Officer, Rohtas,
Sasaram.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv.
For the Respondent/s : Mr. Akhileshwar Singh, AC to G.A.-2
For the NHAI : Mr. Dr. Maurya Vijay, Adv.
Mr. Gaurav Govinda, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 24-03-2026 Heard the parties.
2. The present application has been preferred:
for issuance of writ in the nature of
certiorari, quashing the order dated
12.09.2023 passed by the Arbitrator-cum-
Commissioner, Patna Division, Patna in
N.H. Arbitration Case No. 611 of 2019 and
the order/Award dated 06.10.2017 which has
been passed in Case No. 16 of 2016-17 by
the Competent authority-cum-District Land
Acquisition Officer, Rohtas at Sasaram, as
Patna High Court CWJC No.325 of 2024(3) dt.24-03-2026
2/2
well as for issuance of writ in the nature of
mandamus or any other writ/writs and
direction/directions to the Respondents to
pay the compensation to the petitioner at the
rate which has already been given to the
adjoining land of the petitioner of the same
Mauza by the same authorities as
commercial in nature.
3. After some argument, learned counsel for the
petitioner submits that he shall be challenging the order passed
by the Arbitrator-cum-Commissioner, Patna Division, Patna in
N.H. Arbitration Case No. 611 of 2019 before an appropriate
forum/Court.
4. Granting said liberty, the writ petition is disposed
of.
(Rajiv Roy, J)
Vijay Singh/-
U
Checking your session…