Neutral Citation No. - 2025:AHC:134212-DB Court No. - 29 Case :- WRIT - C No. - 24863 of 2025 Petitioner :- Anil Pathak Respondent :- Union Of India And 3 Others Counsel for Petitioner :- A.S.G.I.,Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.,Mahendra Pratap,Pranjal Mehrotra,Rajesh Kumar Jaiswal Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Shri S.K. Mishra, learned counsel for the petitioner, Shri Pranjal Mehrotra, learned counsel for the respondent no. 3 and Shri F.A. Ansari, learned Standing Counsel for the State respondent nos. 2 and 4. 2. The petitioner has confined his relief for a direction commanding the respondent no. 4/Arbitrator/District Magistrate Gorakhpur - National Highway Authority to decide the Case No. 704 of 2023 (D202305310000704) (Anil Pathak vs. Special Land Acquisition Officer), which is pending since 13.04.2023. 3. Learned counsel for the petitioner submits that in view of the provisions contained under section 3(G)(5) of the National Highways Act, 1956, the petitioner has invoked arbitration proceedings, but in spite of his best endeavor and effort, the proceedings has not been finalized till date. Such situation impelled the petitioner to invoke the writ jurisdiction. 4. Per contra, learned counsel for the respondent placed reliance on the order-sheet and submits that on most of the dates on account of abstaining from judicial work and non cooperation by the Advocates, the proceedings could not be finalized. In such situation it cannot be presumed that the matter has been delayed by the Arbitrator. 5. While considering the factual situation, we have carefully examined the record and perused the order-sheet and we find that on most of the occasions early dates were fixed but on account of abstaining from judicial work by the Advocates the proceedings could not been finalized. 6. In the facts and circumstances, no laxity can be accorded to the Arbitrator /Collector under the N.H. Act, not to finalize the proceedings. In case there is non cooperation by the Advocates in the ongoing proceedings, the petitioner may be heard in person alongwith others i.e. NHAI and thereafter the arbitration proceeding is to be decided expeditiously, without according unnecessary adjournment to the parties. It is expected the same is to be finalized within two months from the date of production of certified copy of this order. It is further observed that in case it is required, day to day hearing may also be scheduled. 7. In view of the observation made above, the writ petition is disposed off. Order Date :- 6.8.2025 Bhanu (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad