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2025 DAILYLAW 32700 (CHH)

Khorbahra v. Government of India

WPC/4404/2021 · 2025-04-09

Shri Rakesh Mohan Pandey

body2025

Judgment text

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2025:CGHC:16825 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4404 of 2021 1 - Khorbahra S/o Shri Jodhan, Aged About 77 Years R/o Village Kirna, Tahsil Patharia, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh ... Petitioner(s) versus 1 - Government Of India Indian National Highway Authrotiy Through Project Director, Project Implementation Unit, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 2 - Competent Authority And Sub Divsional Officer (Revenue) Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 3 - Additional Commissioner, Bilaspur Division, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 4 - Additional Collector And Competent Authority (Arbitrator) National Highway No. 200/130 Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ……..Respondents For Petitioner : Mr. Syed Afaque Hussain Rizvi, Advocate holding the brief of Mr.lavkush Kumar Sahu, Advocate For respondent No.1 : Mr. Ali Asgar, Advocate For State : Mr. Prateek Tiwari, PL Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 09.04.2025 1) Mr. Asgar, learned counsel appearing for respondent No.1 would submit that an award was passed on 04.01.2013 and it was challenged before the Arbitrator and an award was passed on 01.09.2020. He would -2- further submit that the award passed under the provisions of Section 3(G)(6) of the National Highways Act, 1956 can be challenged according to the provision of Section 34 of the Arbitration and Conciliation Act, 1996 and thus, the present petition is not maintainable. 2) At this stage, Mr. Rizvi, learned counsel appearing for the petitioner seeks permission of this Court to withdraw this petition with liberty to avail remedy available under the law. 3) No objection from other side. 4) Permission is granted. 5) With the aforesaid liberty, the present petition is dismissed as withdrawn. Sd/- (Rakesh Mohan Pandey) Judge Rekha