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MANOJ KUMAR GUPTA, KSHITIJ SHAILENDRA
Mohd Rashid Qureshi – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. Heard Sri Abu Bakht, learned counsel for the petitioners and Sri Rajiv Gupta, learned Additional Chief Standing Counsel, for the State-respondent Nos. 3, 4 and 5.
2. The instant petition has been filed praying for a writ of mandamus commanding respondent No. 3 (Additional Commissioner, Moradabad Division, Moradabad) to decide Case No. 1450 of 2023 (Mohd. Rashid Qureshi v. State of U.P. and others) pending before him within a time bound period.
3. On 20.2.2024, after perusing the order sheet of the aforesaid case, this Court expressed surprise that on 11.10.2023, the Additional Commissioner had fixed 6.5.2024 as the next date, i.e. after an interval of more than six months. Accordingly, the Court directed respondent No. 3 to file his personal affidavit and disclose as to how many cases under Section 3-G(5) of the National Highways Act, 1956 are pending before him and the time frame within which he proposes to decide such cases.
4. Pursuant to the aforesaid order, Sri Brijesh Kumar, Additional Commissioner, Moradabad Division, Moradabad has filed his personal affidavit stating therein that there are three posts of Additional Commissioner in Moradabad Division, however, only
A writ of mandamus cannot be issued unless the petitioner has fulfilled their own obligations, particularly when external factors hinder judicial proceedings.
Statutory arbitration under the National Highways Act is governed by the Arbitration Act, and any delay allegations must be addressed exclusively in civil court, not via writ petitions.
The main legal point established in the judgment is the validity of the appointment of the District Magistrate/Deputy Commissioner as the Arbitrator under Section 3G(5) of the National Highways Act, ....
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