1 2025:CGHC:21021 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 478 of 2023 1. Union Of India Through Ministry Of Road, Transport And Highways And Chief Engineer Public Works Department, National Highway Zone, Raipur, Chhattisgarh (Impleaded As Respondent No. 4 In The Impugned Proceeding Of Learned Court Below In Civil Execution Case No. 12/2021) 2. Public Chief Executive Engineer, Public Works Department Nh Division Raipur, District Raipur, Chhattisgarh (Impleaded As Respondent No. 5 In The Impugned Proceeding Of Learned Court Below In Civil Execution Case No. 12/2021) 3. National Highway Authority Of India, Through Project Officer, Raipur Section Of National Highway, District Raipur, Chhattisgarh (Impleaded As Respondent No. 3 In The Impugned Proceeding Of Learned Court Below In Civil Execution Case No. 12/2021) ... Petitioner(s) versus 1. Bhola Prasad Agrawal S/o Late Shri Harufumal Agrawal, Aged About 65 Years R/o Lanka Para, Surajpur, Tashsil And District- Surajpur, Chhattisgarh 2. State Of Chhattisgarh, Through Secretary, Department Of Revenue, Mahanadi Bhawan, Naya, Raipur, District Raipur Chhattisgarh 3. Land Acquistion Officer-Cum-Sub Divisional Officer (Revenue) Ambikapur, District- Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Petitioners : Mr. Dhiraj Wankhede, Advocate For Respondent No. 1 : Mr. Kamal Kishore Patel, Advocate For State : Mr. R.S. Marhas, Addl. A.G. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board AJINKYA PANSARE Digitally signed by AJINKYA PANSARE Date: 2025.05.07 17:34:58 +0530 2 07-05-2025 1) By way of this petition, petitioners have sought following relief(s) :- 10.1) The Hon'ble Court may kindly be pleased to call for the entire records in relation to the impugned proceeding Annexure P-1 carried out by the Learned Court below for the kind perusal of this Hon'ble Court. 10.2) The Hon'ble Court may further kindly be pleased to quash /set aside the entire proceeding (Annexure P-1) carried out by the Learned Court below in Civil Execution Case No. 12/2021. 10.3) The Hon'ble Court may also kindly be pleased to remit back the case to the Learned Court below for hearing and disposal afresh, in accordance with law. 10.4) Cost of the petition may also be granted to the petitioner. 10.5) Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice. 2) Learned counsel for the petitioners submits that award was passed by the Arbitrator in favor of respondent No. 1 on 02.12.2016 whereby petitioners were directed to make payment of Rs. 3,50,46,839/-. He further submits that said award was challenged by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 before the learned District Judge, Sarguja and it was dismissed vide order dated 17.02.2020. He contends that thereafter, arbitration appeal was also preferred before this Court which was dismissed vide order dated 21.09.2022. He further contends that a SLP was also preferred before the Hon’ble Supreme Court and same was also dismissed vide order dated 17.04.2025. He argues that the petitioners have challenged the execution proceedings going on against them. 3 3) On the other hand, learned counsel appearing on behalf of respective respondents submit that award was passed against the petitioner ; application moved under Section 34 of the Act, 1996 was dismissed ; arbitration appeal was dismissed and ; SLP was also dismissed. They further submit that petitioners have already deposited the award amount and respondent No. 1 has withdrawn it. 4) Heard. 5) Taking into consideration the fact that award has already been received by the respondent No. 1 and SLP preferred by the petitioners has been dismissed by the Hon’ble Supreme Court, therefore, in the opinion of this Court, no case is made out for interference. 6) Consequently, this petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya