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Patna High Court

Ajay KumarversusThe State ofr Bihar, through Brajesh Mehrotra,

Decided
Disposal
DISPOSED

Holding

The application is dismissed as the dispute has already been finally decided in the arbitration proceeding.

Summary

The petitioner, Ajay Kumar, filed an application before the Patna High Court seeking proceedings against several state officials and NHAI officials for allegedly violating directions issued in an earlier civil writ jurisdiction order dated 25 April 2023. The petitioner argued that the matter was still pending before the Court. The respondents contended that the dispute had already been adjudicated in an arbitration proceeding, where an order was passed on 15 July 2025 in Arbitration Case No.64 of 2020 (Hari Prasad & Ors.). The Court examined the claim of violation in light of the arbitration award and found that the issue had been finally decided. Consequently, the Court disposed of the petitioner's application without further hearing.

Issues considered

  • Whether the petitioner's application for proceeding against the opposite parties for alleged violation of the 25‑April‑2023 court directions is maintainable in view of the arbitration award dated 15‑July‑2025.

Subjects

  • Arbitration
  • Civil Writ Jurisdiction
  • Violation of Court Order
  • Dismissal
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.2592 of 2024
                                                    In
                              Civil Writ Jurisdiction Case No.6161 of 2018
                 ======================================================
                 Ajay Kumar Son of Late Hari Prasad, Resident of village Daniyawan, P.S.
                 Daniyawan, District Patna.

                                                                            ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar, through Brajesh Mehrotra, fathers name not known to
                 the petitioner, the Chief Secretary Government of Bihar, Patna.
           2.    Shree Dipak Kumar Singh fathers name not known to the petitioner, the
                 Principal Secretary, Department of Land Reforms, Government of Bihar,
                 Patna.
           3.    Dr. Chandra Shekhar Prasad fathers name not known to the petitiioner, the
                 District Magistrate, Patna.
           4.    Shree Ranjan Kumar Chaudhary fathers name not known to the petitioner,
                 District Land Acquisition Officer-cum-Competent Authority, Patna.
           5.    Arun Kumar Srivastava fathers name not known to the petitioner, National
                 Highway Authority of India Ltd. Patna, through its Project Manager.
           6.    Ajay Thakur fathers name not known to the petitioner, the Project Manager,
                 National Highway Authority of India Ltd. Patna, Sri Krishna Nagar, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sanjay Kumar, Advocate
                                               Mr. Jay Prakash Singh, Advocate
                                               Mr. Kumar Harsh, Advocate
                 For the Opposite Party/s :    Standing Counsel 25
                                               Mr. Maurya Vijay Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   06-02-2026                    The instant application has been filed for proceeding

                   against the opposite parties for violation of the directions

                   contained in order dated 25.4.2023 passed in CWJC no.6161 of

                   2018.

                                 2. At the outset, it is submitted by learned counsel

                   appearing for the petitioner that as per instructions received,
         Patna High Court MJC No.2592 of 2024(4) dt.06-02-2026
                                                     2/2




                   order has been passed in the arbitration proceedings vide order

                   dated 15.7.2025 in Case no.64 of 2020 (Hari Prasad & Ors.) by

                   Arbitrator-cum-Commissioner, Patna Division, Patna.

                                3. In view of the above, the instant application stands

                   disposed of.



                                               (Partha Sarthy, J)
Shiv/-

U


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