Calcutta High Court
Arrah-Sasaram Light Railway Company ... vs District Board Of Bhojpur And Anr on 27 August, 2025
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OD-08
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
Ordinary Original Civil Jurisdiction
EC/14/2025
ARRAH-SASARAM LIGHT RAILWAY COMPANY LIMITED AND ANR. VERSUS
DISTRICT BOARD OF BHOJPUR AND ANR.
Before:
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 27th AUGUST 2025
Appearance:
Mr. Mainak Bose, Sr.
Adv.
Mr. Rishab Karnani, Adv.
Mr. Rajesh Upadhyay, Adv.
....for the petitioner
The Court: This execution case arises out of non-compliance of the decree dated
January 6, 2006 passed in an extraordinary suit being no. 8 of 1995 by this Hon'ble
Court. It is a contention of decree holder/petitioner that on December 21, 2005 the
parties filed a terms of settlement in EOS no. 8 of 1995. By judgment and decree
dated January 6 of 2006 the EOS no. 8 of 1995 was decreed on compromise in
accordance with the terms of settlement. The said decree was subsequently modified
on February 21, 2006 to the extent that the name of the Defendant no. 4 Technico
Steel and Alloy was struck out as no relief was claimed against said defendant.
Thereafter necessary corrections were incorporated in the decree dated January 6,
2006. The voluntary Liquidator communicated to the District Magistrate Bhoj Pur the
compromise decree as also the terms of settlement for necessary compliance.
Although an application was filed by the Zilla Parishad Rohtas seeking recalling of
the Order dated 18th May 2025 decreeing the extraordinary suit no. 8 of 1985 on
compromise in accordance with the terms of settlement but the said application was
dismissed by Order dated March 15, 2007. An appeal was preferred against the said
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order was also dismissed. A Special Leave petition filed thereafter was also dismissed
by the Hon'ble Supreme Court by Order dated 27th February 2009. It is the
contention of the petitioners/Decree holders that in accordance with the terms of
settlement the defendant no. 1 and 3A the company in voluntary liquidation and the
voluntary liquidator respectively was required to pay Zilla Parishad Bhojpur, Rohtas
a sum of Rs. 67,32,000/-. Such decreetal amount was required to be paid by the
defendant company and the voluntary liquidator out of the sale proceeds of the
immoveable properties of the company situated at diverse places between Arrah in
the District of Bhoj Pur and Sasaram district of Bihar. Clause 7 of the terms of
settlement specifically requires plaintiffs ie Zilla Parishad Bhoj Pur and Zilla Parishad
Rohtas to take all necessary steps and render all necessary assistance towards lease
for the suit property to all concerned authorities including Municipal and Panchayet
authorities as also the collector and other registering authority for recording the
name of the company in voluntary liquidation and representatives of voluntary
Liquidator in the Revisional Survey but no steps were taken by the Zilla Parishad
Bhoj Pur. Thus the voluntary liquidator could not sale any of the land and properties
of the company, in accordance with the terms of settlement Rupees 36 lakhs 14
thousand 640 was paid by the voluntary liquidator to the Zilla Parishad Bhoj Pur
who duly received the same in accordance with the compromise decree passed in
EOS no. 8 of 1995. It is also contended that the principal Secretary Land Revenue
Department Government of Bihar appointed 17 members committee to conduct
survey and rectify the exact Land of the company in voluntary liquidation in the
District of Bhoj Pur. As per the report dated 20th November 2009 it could be
ascertained that several plots of company in voluntary liquidation had been wrongly
recorded in the name of others in particular in the name of State of Bihar. It is
contended that being aggrieved by the Acts of the District Magistrate and Collector
Bhoj Pur to record the name of the company in the Revenue Survey Land Record the
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petitioner filed execution case no. 553 of 2018 seeking execution of decree directing
District Magistrate and collector Bhoj Pur to record the name of company in the
District of Bhojpur. The decree passed in accordance with the terms of settlement
was with respect to plot of lands situated not only in the district of Bhoj Pur but also
Rohtas and 111.16 acres of land situated in the District of Rohtas also formed terms
of settlement. The petitioner were required to pay Rs. 16, 32, 000/- to the
Respondent no-2 in terms of Decree dated January 6, 2006. As the respondent no. 2
refused to receive Rs. 16, 32, 000/- from the petitioners the petitioner moved writ
application before the Hon'ble High Court Patna. In terms of Order dated 12-05-2023
the respondent no-2 accepted the said amount of Rs. 16,32,000/-. It is contended by
the petitioner that in spite of receiving Rs. 16, 32, 000/- the District Board Rohtas
being Judgment Debtor No. 2 chose not to comply with the decree. It is the
contention of the petitioner decree holder that in spite of making representation
before the Anchal Officer Sanjholi District Rahtas no steps were taken on Rohtas
Land in terms of the decree passed by this Court dated January 6, 2006. The
petitioners have reasons to believe that Zilla Parishad Rohtas has been recording
names of rank trespassers. Pursuant to the filing of this case notice was issued upon
the Judgment Debtor but the Judgment Debtor did not appear in spite of service of
notice. Considering the exigency of the matter this Court is of the view that the
matter should be taken up in the absence of Judgment Debtor for considering
interim relief.
Heard Learned Advocate for the Petitioner/Decree holder. Perused the petition
filed and materials on record. Upon considering the facts of the case this Court is of
the view that the Decree holders should be protected by an Interim Order. Hence the
Judgment Debtor no-2 is restrained by an Order of injunction from dealing with,
alienating encumbering or creating any third party interest over and in respect of the
landed property of the Decree holder company situated in the District of Rohtas for a
period of ten weeks or till further orders whichever is earlier.
Mr. Subas Roy Learned Advocate Ph - 7980009428 and 9830955505 and Mr.
Gautam Mukherjee Advocate Ph - 9830348249 are appointed as special officers to
cause inspection of landed property of the Decree-holder Company in voluntary
liquidation in the District of Rohtas. The Learned Special Officers shall take
photographs of the landed property and record as to who is in occupation of the said
property. The Learned Special Officers shall also furnish copy of the Decree dated
January 6, 2006, passed in EOS No. 8 of 1995 with subsequent modification dated
February 21, 2006 to Judgment Debtor no-2. The special Officers shall hold
discussion with the Chief Executive Officer Sasaram in the District of Rohtas Bihar
apprising him of the Decree and necessary compliance to be made. Clarification
should also be obtained as to whether any further steps are to be taken Decree
holder no-1 for recording the District Land of Rohtas in its name, in terms of the
Decree. Upon causing enquiry and holding necessary discussion with the Chief
Executive Officer of Judgment Debtor report should be submitted by Special Officers
on or before 23/09/2025.
The Enquiry shall be made upon notice to all parties.
Learned Special Officers are entitled to a remuneration of 3000 GM each to be paid
by the Decree Holders. Costs of Inspection shall also be borne by Decree holders.
Let this matter appear on 23/09/2025.
(BISWAROOP CHOWDHURY, J.)
A.Bhar(P.A)
Later
Learned Advocate for Judgment Debtors submits that Special Intensive Review
is conducted and Govt. Officers are busy till 31/08/2025. As time is granted till
23/09/2025, necessary inspection may be made after 01/09/2025.
(BISWAROOP CHOWDHURY, J.)
A.Bhar(P.A)
