Pinku Kumar Yadav v. The State of Bihar
Case at a glance
Provisions considered
Judgment
Nand Kishore Yadav Son of Late Babu Lal Yadav resident of village- Bank, P.S.-Munger (Muffasil) District-Munger.
Mosmat Kiran Devi W/O Late Kedar Yadav resident of village- Bank, P.S.- Munger (Muffasil) District-Munger.
Subodh Prasad Prabhakar Son of Mohan Yadav resident of village- Bank, P.S.-Munger (Muffasil) District-Munger.
Nawal Kishore 'Nawal' Son of Mohan Yadav resident of village- Bank, P.S.- Munger (Muffasil) District-Munger.
4. Birendra Kumar son of Mohan Yadav resident of village- Bank, P.S.-Munger (Muffasil) District-Munger. Versus The State of Bihar through The Principal Secretary, Revenue and Land Reforms Department, govt. of Bihar, Patna ... ... Petitioner/s The Divisional Commissioner, Munger Division, Munger The District Magistrate Munger Competent Authority-cum-district Land Acquisition Officer, Munger
5. Addl. District Magistrate, Munger.
The Sub-Divisional officer, Munger. The Deputy Collector Lands Reforms, Munger Circle Officer, Jamalpur, District- Munger. The Engineer-in-Chief-cum Secretary, National Highways, Bihar, Patna.
The Executive Engineer, National Highways, Division Road Construction Department, Munger. ... ... Respondent/s ====================================================== Appearance : For the Petitioners :
Mr. Dronacharya, Mr. Arghesh Kumar, Advocates Mr. Sajid Salim Khan (SC25) Mr. S.N. Pathak, S. C. For the Respondents For the NHAI ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR : : 3 21-06-2022 Heard the parties. ORAL ORDER Patna High Court CWJC No.6970 of 2020(3) dt.21-06-2022 Petitioner has assailed the order dated 21.01.2020 passed by the Divisional Commissioner, Munger in Land Acquisition Case No. 144 of 2018. It has been submitted by learned counsel for the petitioner and learned counsel for the NHAI that the order dated
21.01.2020 is an award under Section 3-G(5) of the National Highways Act, 1956 and therefore, the writ petition is not maintainable. Considered the submissions of the parties. It is well settled law that any award by an Arbitrator can be challenged under Section 34 of the Arbitration and Conciliation Act, 1996 and not in writ jurisdiction. This writ petition is permitted to be withdrawn with liberty to the petitioner to file an application under Section 34 of the Arbitration and Conciliation Act, 1996. Limitation, if any, shall be dealt with under Section 34 of the aforesaid Arbitration Act in accordance with law. BT/- U (Sandeep Kumar, J)
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.