Page No.# 1/4 GAHC010166132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4398/2025 DR TOWAJ UDDIN AHMED S/O- AKIBUL HUSSAIN, R/O- VILLAGE- PUTHIMARI, P.O AND P.S- CHAPAR, DIST- DHUBRI, ASSAM, PIN-783371 VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE GOVT. OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAY, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI-110001 2:THE NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) (MINISTRY OF ROAD TRANSPORT AND HIGHWAY) GOVERNMENT OF INDIA A COMPANY HAVING ITS REGISTERED OFFICE AT G-5 AND 6 SECTOR 10 DWARKA NEW DELHI-110075 AND REGIONAL OFFICE AT NEDFI HOUSE 4TH FLOOR G.S. ROAD DISPUR GUWAHATI-781006 ASSAM AND IS REPRESENTED BY ITS CHAIRMAN 3:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (NHIDCL) HAVING ITS OFFICE AND PRINCIPAL PLACE OF BUSINESS AT 3RD FLOOR PTI BUILDING 4-PARLIAMENT STREET NEW DELHI-110001 AND BRANCH OFFICE AT PMU BONGAIGAON Page No.# 2/4 ASSAM P.O AND P.S AND DIST- BONGAIGAON ASSAM REP. BY ITS GEN. MANAGER 4:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-781006 DIST- KAMRUP (M) 5:THE DISTRICT COMMISSIONER GOALPARA ASSAM PIN-783120 6:THE COMPETENT AUTHORITY FOR LAND ACQUISITION CUM ADDL. DISTRICT COMMISSIONER GOALPARA ASSAM 7:THE EXECUTIVE ENGINEER PWD BUILDING DIVISION GOALPARA ASSAM 8:THE ARBITRATOR CUM SECRETARY REVENUE AND D.M DEPARTMENT ASSAM CAPITAL COMPLEX DISPUR GUWAHATI-06 9:INSPECTOR OF SHOPS AND ESTABLISHMENT DUDHNOI GOALPARA ASSAM PIN-783122 10:THE GENERAL MANAGER DISTRICT INDUSTRIES AND COMMERCE CENTRE GOALPARA ASSAM PIN-783122 Page No.# 3/4 11:THE AGRICULTURAL DEV. OFFICER AGRICULTURAL OFFICE GOALPARA ASSAM PIN-783120 12:THE SECRETARY KRISHNAI GAON PANCHAYAT P.O- KRISHNAI DIST- GOALPARA ASSAM PIN-783126 13:THE TAX COLLECTOR KRISHNAI GAON PANCHAYAT P.O- KRISHNAI DIST- GOALPARA ASSAM PIN-78312 Advocate for the Petitioner : TAWHID LASKAR, MRS M ALOM,MR A T M HUSSAIN Advocate for the Respondent : DY.S.G.I., SC, P W D,SC. REVENUE,GA, ASSAM,SC, NHIDC,SC, NHAI BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 13.08.2025 Heard Shri ATM Hussain, learned counsel for the petitioners, who has put to challenge an order dated 11.06.2025 passed by the learned Arbitrator under Section 3 (G) (5) of the National Highway Act, 1956. When this matter was taken up on the last occasion, i.e., 06.08.2025, Shri C. Baruah, the learned Standing Counsel, NHIDCL had contended that the challenge has to be made in accordance with the Arbitration and Conciliation Act, 1996 and not by filing a writ petition. Page No.# 4/4 The learned counsel for the petitioners was accordingly granted time to obtain instructions. Shri Hussain, the learned counsel has submitted that he would take the recourse which has been provided in the Arbitration and Conciliation Act, 1996. In view of the aforesaid submission, the instant writ petition is dismissed on withdrawal with liberty as prayed for. JUDGE Comparing Assistant