Mohd.Ali Vs. the State of Bihar and ors

Mohd.Ali vs The State of Bihar and ors

Type Court Judgment Court Patna Decided May 19, 2012

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Citation: sooperkanoon.com/975313
Court: Patna High Court
Decided On: May 19, 2012
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Mohd.Ali

Respondent

The State of Bihar and ors

Excerpt

.....appearance : for the appellant/s : mr. /smt.sudha singh mr. ganesh prasad singh for the respondent/s : mr. ====================================================== coram: honourable justice smt. t. meena kumari and honourable mr. justice gopal prasad oral order (per: honourable justice smt. t. meena kumari”19. 01-2012 heard the parties. in view of the enactment of the arbitration tribunal constituted by the state of bihar, it would suffice if a direction is issued to the appellant to approach before the arbitration tribunal constituted by the state of bihar by way of filing of a complaint/petition to raise the present dispute before the arbitration tribunal as and when required and the same patna high court lpa no.224 of 2010 (8) dt.19-01-2012 shall be disposed of in accordance with law within a period of six months from the date of receipt/production of a copy of this order. this court orders accordingly. learned counsel for the appellant has submitted that the delay in raising such dispute is not condoned by this court. we are of the opinion that appellant is liberty to approach before the arbitration tribunal for condonation of delay, if any, as prescribed under the statute. with the above observation, this l.p.a. stands disposed of. (t. meena kumari, j) pravin kumar/- (gopal prasad, j)

Full Judgment

Patna High Court LPA No.224 of 2010 (8) dt.19-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.224 of 2010 In Civil Writ Jurisdiction Case No. 15137 of 2008 ====================================================== 1. Mohd. Ali S/O Mohd. Ibrahim R/O Sakra (Faridpur), P.S.- Dholi, Distt.- Muzaffarpur .... .... Appellant/s Versus 1. The State Of Bihar 2. The Principal Secretary (Road Construction Department, Govt. Of Bihar, Vishwasaraiya Bhawan, Bailey Road, Patna) 3. Chief Engineer Road Construction Deptt., Distt.- Darbhanga 4. Superintending Engineers Road Construction Deptt., Road Circle, Purnea 5. Executive Engineer Road Construction Deptt., Road Division, Katihar 6. The Assistant Engineer Road Division, Katihar 7. Junior Engineer, Katihar Manohari Road, Road Construction Deptt., Road Division, Katihar .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. /Smt.Sudha Singh Mr. Ganesh Prasad Singh For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE JUSTICE SMT. T. MEENA KUMARI and HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER (Per: HONOURABLE JUSTICE SMT. T. MEENA KUMARI”

19. 01-2012 Heard the parties. In view of the enactment of the Arbitration Tribunal constituted by the State of Bihar, it would suffice if a direction is issued to the appellant to approach before the Arbitration Tribunal constituted by the State of Bihar by way of filing of a complaint/petition to raise the present dispute before the Arbitration Tribunal as and when required and the same Patna High Court LPA No.224 of 2010 (8) dt.19-01-2012 shall be disposed of in accordance with law within a period of six months from the date of receipt/production of a copy of this order. This Court orders accordingly. Learned counsel for the appellant has submitted that the delay in raising such dispute is not condoned by this Court. We are of the opinion that appellant is liberty to approach before the Arbitration Tribunal for condonation of delay, if any, as prescribed under the statute. With the above observation, this L.P.A. stands disposed of. (T. Meena Kumari, J) PRAVIN KUMAR/- (Gopal Prasad, J)

Same Court & Year Patna · 2012 Same Parties Mohd.Ali vs The State of Bihar and ors Same Subject Land Acquisition