✦ Patna High Court

Rukmini Devi v. The State of Bihar

CIVIL WRIT JURISDICTION CASE No. 9619 of 2023PRABHAT KUMAR SINGH2 min read

Case at a glance

Outcome

Disposed of

application is disposed of with liberty, as indicated above

Provisions considered

Key paragraphs

  • Para 77. Writ application stands disposed of with the aforesaid observations. (Prabhat Kumar Singh, J) anay/- U

Judgment

====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER Mr.Ranjit Kumar Thakur Mr.Rishi Raj Sinha (Sc19) : : 2 07-12-2023 Heard learned counsel for the parties.

2.

This writ application has been filed for commanding the respondents to make payment of compensation to the petitioner treating the land of the petitioner as commercial instead of agriculture.

3.

At the very outset, learned counsel for the respondents / State raises preliminary objection to the effect that petitioner has got alternative remedy with regard to insufficiency of compensation amount, by way of filing appropriate application under Section 3G(5) of the National Highways Act, 1956, which reads as follows: Patna High Court CWJC No.9619 of 2023(2) dt.07-12-2023

If the amount determined by the competent authority under sub-section (1) or subsection (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.

4.

Learned counsel for the petitioner does not dispute the above proposition and requests for disposal of the writ application granting liberty to the petitioner to file application before the Arbitrator, in view of Section 3G(5) of the National Highways Act, 1956

Operative part

5.

In the above view of the matter, this writ application is disposed of with liberty, as indicated above. If such application is filed by the petitioner, the authority concerned shall examine the same, after hearing the parties, and pass appropriate order in accordance with law.

6.

It goes without saying that if any question of limitation arises before the authority concerned, the same shall be considered taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India. Patna High Court CWJC No.9619 of 2023(2) dt.07-12-2023

7.

Writ application stands disposed of with the aforesaid observations. (Prabhat Kumar Singh, J) anay/- U

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: application is disposed of with liberty, as indicated above

Which statutory provisions did this judgment involve?

Constitution of India — art. 226.

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.

Why is this linked?

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