Gujarat High Court
State Of Gujarat vs Mansukhbhai Bhikhabhai Raiyani on 26 September, 2025
NEUTRAL CITATION
C/SCA/10018/2024 ORDER DATED: 26/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10018 of 2024
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STATE OF GUJARAT
Versus
MANSUKHBHAI BHIKHABHAI RAIYANI
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Appearance:
MR SIDDHARTH RAMI AGP for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 26/09/2025
ORAL ORDER
1. Heard the learned AGP Mr. Siddharth Rami for the petitioner.
2. The present Special Civil Application challenges the order passed below Exh.19 dated 22.11.2021, whereby the learned Additional Senior Civil Judge, Jetpur had issued an attachment warrant against the Judgment Debtor No.1 for non-payment of Rs.7,03,506/-, which is to be recovered towards interest on the delayed payment of compensation. The impugned order has been passed after considering the reply of the petitioner herein that the required grant from the Government has not been received and that the said amount shall be paid as and when the grant is received.
3. Upon a specific query raised by this Court to the learned AGP as to whether the grant for the said amount has been received or not, the learned AGP, upon instructions, submits that no grant has been received. However, the learned AGP submits that as per the order dated 27.02.2018, the petitioner was liable to pay the compensation only till 06.05.2010 and thereafter from 07.05.2010 till realization, the National Page 1 of 2 Uploaded by CHANDRASHEKHAR MEHESHKUMAR KOSHTI(HC01066) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 02:36:06 IST 2025 NEUTRAL CITATION C/SCA/10018/2024 ORDER DATED: 26/09/2025 undefined Highway Authority of India was liable to pay the amount of compensation and other allied benefits. The learned AGP submits that the National Highway Authority of India has made the payment from 07.05.2010 in the year 2019 till the said date and thereafter, the petitioner herein deposited the amount of compensation till 06.05.2010 only in the year 2022. He, therefore, submits that the respondent claimants had sought execution of the attachment warrant for the compensation amount due along with interest by way of filing an application Exh.19, upon which, the impugned order has been passed.
4. It is a sad state of affairs that the petitioner, even after a period of more than 2 ½ years from the date of passing of the impugned order, has not been able to pay the amount of Rs.7,03,506/- which is towards the interest on the late deposit of the compensation amount. Though it was stated before the learned Additional Senior Civil Judge, Jetpur that the said amount shall be paid upon receipt of the grant from the Government, the learned AGP could not make any statement as to why for more than 2 ½ years, after passing of the impugned order, no grant has been received or what steps have been taken for expediting the grant. The petitioner is liable to pay the interest on the delayed payment. No infirmity can be attached to the impugned order.
5. The Special Civil Application is devoid of merits and is accordingly dismissed. No order as to costs.
(ANIRUDDHA P. MAYEE, J.) cmk Page 2 of 2 Uploaded by CHANDRASHEKHAR MEHESHKUMAR KOSHTI(HC01066) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 02:36:06 IST 2025