Ramanand Singh vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16540 of 2026
CNR No. BRHC010976612026
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Ramanand Singh son of Late Ram Pratap Singh, resident of Village-Bhusra
P.S.-Gaighat, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The District Magistrate, Muzaffarpur.
3. The District Land Acquisition Officer, Muzaffarpur.
4. The Project Director of N. H.-527 C Majhauli Chautaut Construction,
N.A.H.I.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Nachiketa Jha, Advocate
For the Respondent/s : Mr.Ram Sumiran Rai, GA-23
Mr.Akash Raj, Advocate
For the NHAI : Mr.Rajesh Kumar Shandilya, Advocate
Mr.Sanjiv Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 02-11-2026
Heard the learned counsel for the petitioner, the
learned counsel appearing on behalf of the N.H.A.I. and the
learned counsel appearing on behalf of the State.
2. The present writ petition has been filed for the
following reliefs:-
“(i) For issuance of an order or orders,
direction/directions, writ, including writ like
Mandamus, directing the Respondents concerned
to pay the Amount of Rs. 5,04,00,000/- for land
and Rs. 56,00,000/- for building constructed
over the land with penal interest, valuating the
land and building as “commercial rate”, as

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compensation to the petitioner for total 21
Decimal land of the petitioner, (12 Decimal land,
bearing Khata No. 163, Kheshra No. 583 & 585,
at Village-Hasana Gadhir (Gaddi), Thana No.
141, & 9 Decimal land, bearing Khata No. 544,
Kheshra No. 953, at Village-Bhusra, Thana No.
140), above-mentioned lands are under Gaighat
Anchal, under District Muzaffarpur, Rs.
10,02,806.00 for Building and Rs. 10,35,040.00
for land in question has been paid to the
petitioner evaluating the land & building in
question as “Awahiye Land” which shall be
deducted from the above-mentioned amount.
(ii) For any other relief or reliefs to which the
petitioner may be found entitled in the facts and
circumstances of the case.”
3. The learned counsel for the petitioner submits that
the petitioner had earlier moved before this Hon’ble Court by
filing C.W.J.C. No. 22040 of 2019. The said writ petition was
disposed of vide order dated 10.10.2022 whereby liberty was
granted to the petitioner to move before the Commissioner-cum-
Arbitrator, under the provisions of the N.H.A.I. Act and it was
directed that the Commissioner-cum-Arbitrator will decide the
same within a period of three months. It was further directed
that if the petitioner is still aggrieved by the orders of the
Commissioner-cum-Arbitrator, he will move before the District
Judge, Muzaffarpur under Section 34 of the Arbitration and

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Conciliation Act. He submits that in terms of the liberty given
by this Hon’ble Court, the petitioner filed an Arbitration Case
No. 21 of 2022 before the Commissioner-cum-Arbitrator, Tirhut
Division, Muzaffarpur, who vide his order dated 25.01.2023
rejected the claim of the petitioner. Being aggrieved with the
order passed by the Commissioner-cum-Arbitrator, the
petitioner filed Civil Miscellaneous Case No. 55 of 2023 before
the Court of learned Principal District Judge, Muzaffarpur under
Section 34 of the Arbitration and Conciliation Act, 1996. The
learned Principal District Judge, Muzaffarpur by his order dated
25.05.2026 set aside the arbitral award dated 25.01.2023 passed
by the Commissioner-cum-Arbitrator, Tirhut Division,
Muzaffarpur in Arbitration Case No. 21 of 2022 and directed the
O.P. no. 1 to pay the balance amount of compensation, as per
commercial rate prevailing on the date, on which the
notification has been issued under Section 11 of the Act. He
submits that when no action was taken by the O.P. no. 1 in Civil
Miscellaneous Case No. 55 of 2023, the petitioner has filed the
present writ petition, for execution of the order dated
25.05.2026.
4. It appears from a reading of Section 36 of the
Arbitration and Conciliation Act, 1996 that it has been explicitly

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provided that where the time for making an application to set
aside the arbitral award under Section 34 has expired, then,
subject to the provisions of sub-section 2, such award has to be
enforced in accordance with the provisions of the Code of Civil
Procedure 1908, in the same manner, as if it were a decree of the
Court. Since the award has been passed under Section 34 of the
Arbitration and Conciliation Act, therefore, it was incumbent
upon the petitioner to take recourse to Section 36 of the
Arbitration and Conciliation Act, 1996, before the competent
court, for execution of the decree/award.
5. Accordingly, this Court finds no merit in the writ
petition and the same is dismissed. The petitioner can take
recourse to law, as available to him under Section 36 of the
Arbitration and Conciliation Act, 1996.

(Ritesh Kumar, J)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.12.2026
Transmission Date