Chhattisgarh High Court
WPC/4269/2022 of FIRTOORAM JAYASVAL, Vs CHIEF ENGINEER PUBLIC WORK DEPARTMENT on 21 September 2026
2026:CGHC:41176 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4269 of 2022 Firtooram Jayasval, S/o Shivnandan Jayasval, Aged About 52 Years R/o Village Masaniyakala, Tehsil Sakti, District Janjgir - Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ... Petitioner(s)
CGHC010230812021
2026:CGHC:41176
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 4269 of 2022
Firtooram Jayasval, S/o Shivnandan Jayasval, Aged About 52 Years R/o Village Masaniyakala, Tehsil Sakti, District Janjgir - Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
... Petitioner(s)
versus
1 - Chief Engineer Public Work Department National Highway Region N
H Campus Pensionbada Raipur, District Raipur Chhattisgarh, District :
Raipur, Chhattisgarh
2 - Competent Officer (Land Acquisition) And Sub Divisional Officer (Revenue) Champa, District Janjgir - Champa Chhattisgarh., District :
Janjgir-Champa, Chhattisgarh
... Respondent(s)
(Cause title taken from CIS system)
For Petitioner
:
Mr. Rohan Kumhare, Advocate on behalf of Mr.
Bhaskar Jha, Advocate
For State
:
Mr. Priyank Rathi, GA
For Respondents
:
Mr. Dhiraj Kumar Wankhede, Advocate
Hon’ble Mr. Justice Amitendra Kishore Prasad Digitally signed by AMIT
PATEL
Order on Board
22/09/2026
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1. The petitioner has filed this petition with the following reliefs:- “ 10.1 That this Hon’ble Court may kindly be pleased to set-aside (Annexure P/1). 10.2 That this Hon’ble Court may kindly be pleased to direct the Arbitrator-Cum- Commissioner for deciding the matter on merits without raising any plea of limitation. 10.3 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner.”
2. Learned counsel appearing for the petitioner submits that since the award has already been passed by the competent authority, as such the present petition is not maintainable and the petitioner has to file an appropriate application under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, “the Act of 1996”). He, accordingly, submits that the present petition may be disposed of with liberty to the petitioner to file an application under Section 34 of the Act, 1996.
3. Learned counsel appearing for the respondents submits that he has no objection if the present petition is disposed of with liberty to the petitioner to avail the appropriate remedy under Section 34 of the Act, 1996, in accordance with law.
4. In view of the submissions made by learned counsel for the petitioner and considering that the award has already been passed by the competent authority, the relief sought by the petitioner to avail the remedy under Section 34 of the Act 1996 is allowed. The petitioner is accordingly granted liberty to file an appropriate application under Section 34 of the Act, 1996 before the concerned Court.
5. The present petition is accordingly disposed of with the aforesaid liberty. SD/-
(Amitendra Kishore Prasad) Judge AMIT PATEL