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2025 DAILYLAW 80712 (ALL)

MOHD. ASLAM v. STATE OF U.P. AND 4 OTHERS

WRIC/25342/2025 · 2025-07-31

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129684-DB Court No. - 29 Case :- WRIT - C No. - 25342 of 2025 Petitioner :- Mohd. Aslam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amit Malik,Bramhapal Malick Counsel for Respondent :- C.S.C.,Rajesh Kumar Jaiswal Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Counsel for the respondent raises an objection with regard to maintainability of the instant writ petition on the ground that the petitioner has challenged the order passed by the Arbitrator under Section 3G(5) of the National Highways Act, 1956 (In short the Act of 1956). The respondent counsel has also placed reliance under Section 3G(6), which provides "subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act. Submission is that in the instant matter efficacious remedy is to press an appeal under Section 34 of the Arbitration and Conciliation Act, 1996. 2. Confronted with the situation, learned counsel for the petitioner states that the instant writ petition may be dismissed as not pressed and leave to be accorded to institute appropriate proceeding, in accordance with law. 3. The instant writ petition is dismissed as not pressed with the liberty as prayed for. 4. Certified copy of the impugned order shall be returned to the counsel for the petitioner after retaining its photocopy on record. Order Date :- 1.8.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad