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1993 DIGILAW 365 (PAT)

Sk. Wahid And Anr. ,Emin Riyasat And Gopal Singh v. State Of Bihar

1993-08-26

BINOD KUMAR ROY

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Judgment Binod Kumar Roy, J. 1. In terms of order dated 15-7-1993, I proceed to dispose of these Civil Revision applications on their merit at the stage of admission by this common order. 2. Relevant facts for disposal of these Civil Revision applications are in a narrow compass. Lands of the petitioners herein were acquired for construction of National Thermal Power Corporation, Kahalgaon, Awards prepared put in execution, notices under Order XXI, Rule 22 of the Code of Civil Procedure served on the judgment-debtor-State of Bihar, who failed to file a show cause nor deposited the judgment-debtor-State of Bihar, who failed to file a show petitioners prayed for attachment of the properties of the judgment-debtor for realization of the decrectal amount, refused by the impugned orders on the ground that no fund has been available to the Collector, Bhagalpur, by the National Thermal Power Corporation and that the Government has issued instructions to make payments only after obtaining its sanction and that there is a financial crisis prevailing in this State and accordingly, the Collector is not in a position to pay the decretal amount. 3. Mr. Krishna Mohan, learned Counsel appearing on behalf of the petitioners, submits that the reasons given are wholly misconceived and perverse and the Court below has committed jurisdictionl error m rejecting the prayers made by the petitioners. 4. No one appears on behalf of the opposite parties though it appears that the Standing Counsel No. 1 has entered appearance. 5. In my view, the submissions made by Mr. Krishna Mohan, learned Counsel for the petitioners are well founded. The Code of Civil procedure is exhaustive with regard to recovery of the amount and is not dependent on the financial condition of a judgment-debtor. The Code of Civil Procedure prescribes attachment as one of the modes for realization and satisfaction of the decree. This has been, unfortunately, lost sight of the Land Acquisition Judge, Bhagalpur. 6. For the reasons aforementioned, all these three Civil Revision Applications are allowed and the impugned order set aside and the Land Acquisition Judge, Bhagalpur, is commanded to proceed to attach the properties mentioned in the petitions filed by the petitioners and dispose of their prayers in accordance with law. 7. Since no one has appeared to oppose these Civil Revision Applications I make no order as to costs.