Allahabad High Court
RAM CHANDRA AND 16 OTHERSversusARBITRATOR DISTRICT MAGISTRATE AND 2 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed with a direction to the District Magistrate/Arbitrator to decide the pending case expeditiously, ensuring due process.
Summary
Ram Chandra and 16 others filed a writ petition under Article 227 seeking a direction to the District Magistrate/Arbitrator in Ghazipur to decide the pending case No. 3365 of 2025 (National Highway Authority of India vs Competent Authority/Additional District Magistrate) under Section 3G(5) of the National Highways Act and Sections 23(1) and 34 of the Arbitration and Conciliation Act, 1996. The High Court observed that the underlying case was already pending and that keeping the writ petition alive served no useful purpose. Consequently, the Court disposed of the writ petition, directing the District Magistrate/Arbitrator to decide the pending case expeditiously, without unnecessary adjournments, and to ensure service of notice, hearing, and opportunity to lead evidence, unless a legal impediment exists. The order was signed by Justice Vikas Budhwar on May 5, 2026.
Issues considered
- Whether the High Court should issue a direction to the District Magistrate/Arbitrator to decide the pending case No. 3365 of 2025 under the National Highways Act and Arbitration and Conciliation Act.
- Whether the writ petition should be kept pending when the substantive case is already before the concerned authority.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 23(1), 34
- National Highways Act — s. 3G(5)
Subjects
- Article 227
- writ petition
- National Highways Act
- Arbitration and Conciliation Act
- expeditious disposal
- District Magistrate
- service of notice
- hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6277 of 2026
Ram Chandra And 16 Others
.....Petitioner(s)
Versus
Arbitrator District Magistrate And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Virendra Kumar Yadav
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard.
2. In view of the order, which is being proposed to be passed today,
notices are not being issued to the respondents.
3. The solitary relief claimed in the present writ petition for a direction to
the District Magistrate/Arbitrator, Ghazipur to decide the Case No. 3365
of 2025, "National Highway Authority of India Versus Competent
Authority/Additional District Magistrate (F and R), Ghazipur, Under
Section 3G (5) of the National Highways Act and Section 23 (1) and
under Section 34 of the Arbitration and Conciliation Act, 1996 pending
before him.
4. Learned counsel prayed that the said suit may be decided,
expeditiously.
5. Since the above-mentioned case is pending, no useful purpose would
be served in keeping this petition pending.
6. In view of the above, this writ petition stands disposed of with a
direction to the District Magistrate/Arbitrator, Ghazipur to decide the
Case No. 3365 of 2025, "National Highway Authority of India Versus
Competent Authority/Additional District Magistrate (F and R), Ghazipur,
Under Section 3G (5) of the National Highways Act and Section 23 (1)
and under Section 34 of the Arbitration and Conciliation Act, 1996
A227 No. 6277 of 2026
2
pending before him, in accordance with law, expeditiously without
granting unnecessary adjournment, after ensuring service of notice upon
all the respondents and providing opportunity of hearing to all the
concerned parties as well as giving a reasonable opportunity of leading
evidence in respect of their case, provided there is no other legal
impediment.
May 5, 2026
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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