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Patna High Court

Ramjee SinghversusThe Union Of India and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The High Court dismissed the writ petition for want of prosecution, thereby refusing to set aside the Arbitrator's order.

Summary

Ramjee Singh filed a writ petition seeking to set aside an order dated 4 April 2015 passed by the Additional Collector‑cum‑Arbitrator, Kaimur, which rejected his claim that the value of land acquired from him should be calculated at commercial rates rather than residential rates. The petitioner argued that the valuation was incorrect and sought relief from the High Court. The court noted that the petition had not been prosecuted further. Consequently, the writ petition was dismissed for want of prosecution. No substantive examination of the valuation issue was undertaken. The order of the Arbitrator therefore remains in force.

Issues considered

  • What is the appropriate basis for valuing the acquired land – commercial rate or residential rate?
  • Whether the order of the Additional Collector‑cum‑Arbitrator dated 4 April 2015 can be set aside by the High Court?

Subjects

  • land acquisition
  • valuation
  • commercial rate
  • residential rate
  • writ petition
  • want of prosecution

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.4120 of 2017
                  ======================================================
                  Ramjee Singh

                                                                                  ... ... Petitioner/s
                                                        Versus
                  The Union Of India and Ors

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :         Mr. Sheo Kumar Prasad, Adv.
                  For the Respondent/s   :         Mr. Birendra Pd. Singh, AC to SC 19
                  For NHAI               :         Mr. Sriram Krishna, Adv.
                                                   Mr. Prabhat Kumar Singh, Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER
3    13-01-2026                  Heard the parties.

                                2. The present application has been preferred:

                                                         for setting aside the order dated
                                             4.4.2015 passed in Misc. Case No. 343/2014-15
                                             by the Additional Collector-cum-Arbitrator,
                                             Kaimur at Bhabua 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. For want of prosecution, the writ petition is dismissed.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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