Allowed

Anjani Kumar Sinha and Ors. v. The State Of Bihar and Ors.

Patna HC29 Apr 2019CWJC/4978/2017

Case brief

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What is this about?

High Court held State authorities yielded to lawlessness by delaying execution of a civil decree for ten years. Court directed implementation within 30 days post-election or payment of compensation under the 2013 Act within 60 days.

What did the court decide?

Direction to implement judgment and decree in Title Suit No. 39 of 2008 within 30 days after general election or pay compensation within 60 days.

Anjani Kumar Sinha and Ors. Vs The State Of Bihar and… — Execution and Attachment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4978 of 2017

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Anjani Kumar Sinha and Ors Son of Late Awadh Prasad,

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Anup Kumar Sinha S/o Late Awadh Prasad

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Anuj Kumar Sinha S/o Late Awadh Prasad All resident of Road No.6A, Rajendra Nagar, P.O.-Rajendra Nagar, P.S.-Kadamkuan, District-Patna, Bihar.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The Principal Secretary, Education Department, Govt. of Bihar, Patna.

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The District Education, Superintendent cum District Programme Convener, Bihar, Education Project, P

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The Collector, Patna

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sheela Sharma For the Respondent/s : Mr.Prabhakar Jha-Gp27 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

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ORAL ORDER

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6 29-04-2019 Heard learned counsel for the petitioners and the

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counsel appearing on behalf of the State.

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This is a case of telling a tale of the reluctance in conducting the State cases.

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Learned counsel for the petitioners has drawn attention to the Annexure-3 the judgment in Title Suit No. 39 of 2008. In that Title Suit the State of Bihar was a party. The judgment was delivered on 25.7.2009. We are in 2019.

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After the judgment and decree dated 25.7.2009, the petitioner filed Execution Case No. 1 of 2011 contained in

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Patna High Court CWJC No.4978 of 2017(6) dt.29-04-2019 2/3

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Annexure-S/5.

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From perusal of the order, it appears that scheme of execution is the proceeding is continuing in most casual manner and its appears that the execution proceeding in execution case no. 1 of 2011 has not fructified as yet.

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Learned counsel appearing on behalf of the respondent State would submit that after 10 years of the judgment now the State wishes to prefer appeal.

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The manner in which the judgment of the competent civil court is neglected and execution is frustrated would indicate that the authorities of the State are above the law such conduct of respondents runs contrary to the concept of rule of law. The individual howsoever high is not above the law. It appears that for respondents the order of the Court is only declaration by the Court but enforcement depends on the sweet will of the officers. Time is ripe to introspect wheter State authorities can frustrate the judgment rendered by the competent court in the manner it is done in the present case.

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The court does not approve the action of the State in refusing to implement the judgment rendered by the competent court in which the State was party.

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The Court accordingly, directs the State authorities

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Patna High Court CWJC No.4978 of 2017(6) dt.29-04-2019 3/3

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to see that the judgment and decree in the Title suit is implemented in its entirety within a period of 30 days after general election or in the alternative pay compensation to the petitioner for use of land of the petitioner in terms of 2013 Act within a period of sixty days from today.

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With the aforesaid, the writ petition is allowed and disposed of.

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(Anil Kumar Upadhyay, J)

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Ravi/-

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Anjani Kumar Sinha and Ors. v. The State Of Bihar and Ors.

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Anjani Kumar Sinha and Ors. v. The State Of Bihar and Ors.

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