RAM BAHADUR AND 2 OTHERS v. UNION OF INDIA THRU. SECY. MINISTRY OF ROAD TRANSPORT HIGHWAY NEW DELHI AND 3 OTHERS
WRIC/5660/2025 · 2025-06-10
S Q H Rizvi, Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144719 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144719 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35116-DB Court No. - 2 Case :- WRIT - C No. - 5660 of 2025 Petitioner :- Ram Bahadur And 2 Others Respondent :- Union Of India Thru. Secy. Ministry Of Road Transport Highway New Delhi And 3 Others Counsel for Petitioner :- Somesh Tripathi Counsel for Respondent :- A.S.G.I.,C.S.C.,Vimlesh Kumar Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard Shri Somesh Tripathi, learned counsel for the petitioners, learned Standing Counsel for the State/opposite party Nos. 3 and 4, Shri Vinay Tripathi, learned counsel for the opposite party No.1 as well as Shri Vimlesh Kumar, learned counsel for the opposite party No.2 and perused the record. The instant writ petition has been preferred seeking following main relief (s):-
"(i) To issue a writ, order or direction the nature of Certiorari quashing the order/award dated 16.05.2025 passed by the opposite party No. 3 in Case No.1080/2024 (Computerized Case No.D202410580001080) under Section 3G (5) of National Highways Act In Re: Ram Bahadur and others Versus Competent Authority and others which is contained in as Annexure No. 1 to this writ petition. (ii) To issue a writ, order or direction the nature of Mandamus commanding the opposite party No. 3 to decide the arbitration application of the petitioner dated 27.04.2024 under Section 3G (5) of the National Highways Act contained as Annexure No. 9, in accordance with the provisions of Arbitration and Conciliation Act, 1956 for the determination of the compensation of the assets which are sought to be acquired from Gata No. 31 and Gata No. 5 situated at Village- Bhatehari, Pargana- Salon, Tehsil-Unchahar, District- Raebareli. (iii) To issue a writ, order or direction the nature of Mandamus commanding the opposite party No. 3 to allow the Arbitration Application of the petitioners expeditiously in accordance with law." Taking note of the remedy available to the petitioners under Section 34 of the Arbitration and Conciliation Act, 1956 (in short "Act of 1956"), this court is not inclined to entertain the present writ petition. It is accordingly disposed of with liberty to the petitioners to avail the remedy available, as per law. Order Date :- 10.6.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench