Uday Kumar v. The State Of Bihar
Case at a glance
- Bench
- ANSHUMAN
Outcome
Disposed of
present writ application stands disposed off
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN Mr. Anirudh Kumar Verma, Adv. Mr. Dhurjati Kumar, GP14 : : 2 10-02-2025 Heard Learned Counsel for the petitioner and ORAL ORDER Learned Counsel for the State.
Learned Counsel for the petitioner submits that the present writ petition has been filed with the following reliefs:- (i) For quashing the entire proceeding of acquisition on the ground that the award under section 20(F) of the Railway Act, 1989 under chap - IV(A) Land acquisition for a special Railway project has been made after lapse of 1 year from the publication of acquisition under section 20(E) i.e. under 20(E) publication of Patna High Court CWJC No.16807 of 2018(2) dt.10-02-2025 acquisition is of 6.9.2013 and 5.10.2013 and 20(F) is of 16.12.2014 and amended award is of 03.07.17 which are in contravention of the mandatory requirement. (ii) For quhasing of proceeding as no consideration has been made over objection which is contrary to sub section 6 of sec. 20(F) of the Act. (iii) For quashing of the awards as it is contrary to sec. 20(F) as well as sec. 20(G) of the Railway Act and for redetermining the compensation afresh as per the prevalent rate by initiating fresh proceeding under the Act.
Counsel for the petitioner fairly submits that liberty may be granted to him to move under 20(F)(6) of the Railways Act, 1989 (Act No.24 of 1989) for raising all his grievances relating to land acquisition matter.
Counsel for the State submits that this matter is relating to railways, but so far as law is concerned, correct provision of law has been raised by the petitioner.
In that view of the matter, the present writ petition is hereby disposed off, directing liberty to the petitioner to move before the Arbitrator for his reliefs under the law.
It is made clear that if there is any delay in filing the said application under the provision of 20(F)(6) of the Patna High Court CWJC No.16807 of 2018(2) dt.10-02-2025 Railways Act, 1989, the limitation, if any, is directed to be condoned.
Operative part
With the aforesaid directions and liberty, the present writ application stands disposed off. Prakashmani/- U (Dr. Anshuman, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: present writ application stands disposed off
Which statutory provisions did this judgment involve?
Railways Act, 1989.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.