Gauhati High Court
The District Collector vs Jahura Bewa And 5 Ors on 1 December, 2023
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/5
GAHC010266952019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/40/2020
THE DISTRICT COLLECTOR
DHUBRI
DIST- DHUBRI
PIN- 783301
ASSAM
VERSUS
JAHURA BEWA AND 5 ORS
W/O- LATE EDAL SOBAHAN
R/O- VILL- SAGOLIA PART-II
P.S- GOLAKGANJ
DIST- DHUBRI
ASSAM
2:JAHANGIR ALAM
S/O- LATE EDAL SOBAHAN
R/O- VILL- SAGOLIA PART-II
P.S- GOLAKGANJ
DIST- DHUBRI
ASSAM
3:JAMIR ALAM
S/O- LATE EDAL SOBAHAN
R/O- VILL- SAGOLIA PART-II
P.S- GOLAKGANJ
DIST- DHUBRI
ASSAM
4:JAHID ALAM
S/O- LATE EDAL SOBAHAN
R/O- VILL- SAGOLIA PART-II
P.S- GOLAKGANJ
DIST- DHUBRI
ASSAM
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5:SHAHID ALAM
S/O- LATE EDAL SOBAHAN
R/O- VILL- SAGOLIA PART-II
P.S- GOLAKGANJ
DIST- DHUBRI
ASSAM
6:INAMUL
S/O- LATE EDAL SOBAHAN
R/O- VILL- SAGOLIA PART-II
P.S- GOLAKGANJ
DIST- DHUBRI
ASSAM
7:North East frontier Railway
Represented by General Manager(Construction)
North East Frontier Railway Head Quarter
Maligaon-781011
Kamrup(M)
Assam
------------
Advocate for : MR G BORDOLOI
Advocate for : MS. M CHATTERJEE appearing for JAHURA BEWA AND 5 ORS
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 01.12.2023
Heard Mr. D. Mazumdar, learned Addl. Advocate General assisted by Mr. J.
Singh, learned counsel for the petitioner District Collector, Dhubri.
2. This petition under Article 227 of the Constitution of India has been
instituted by the District Collector/Deputy Commissioner, Dhubri against the
order dated 07.09.2019 of the learned District Judge, Dhubri in LA (Ex.) Case
No. 02/2015 and another order also dated 07.09.2019 in LA (Ex.) Case No.
03/2015. LA (Ex.) Case No. 02/2015 and LA (Ex.) Case No. 03/2015 are for
execution of the awarded amount as per the judgment and award dated
18.01.2012 passed by the learned District Judge, Dhubri in LA Appeal Case No.
16/2009 [LA Case No. 16/2009 (SIC)] and LA Appeal Case No. 17/2009 [LA
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Case No. 17/2009 (SIC)] arising out of LA Case No. 2/2004-05. As the awarded
amount had not been paid to the land owners, the land owners instituted LA
(Ex.) Case No. 02/2015 and LA (Ex.) Case No. 03/2015. By the two orders
impugned in the present petition under Article 227 of the Constitution of India,
the learned District Judge, Dhubri in exercise of powers under Order XXI Rule
11 of the CPC had attached the revenue deposit account No. 8443 C/D and 101
R/D in the Dhubri Treasury Office in connection with the aforesaid two LA (Ex.)
cases.
3. Order XXI Rule 11 of the CPC is for execution of money decree where
Order XXI Rule 11(1) provides for arrest of the judgment-debtor for immediate
execution and Order XXI Rule 11(2) provides for a written application for
execution of a decree. No power of attachment of a Government revenue
account that too in the office of the District Collector/Deputy Commissioner is
noticeable under Order XXI Rule 11. The implication of attaching a revenue
deposit account in the office of the Deputy Commissioner may have many
serious impacts and there is a requirement of an application of mind on the said
aspect before passing any order of attaching a revenue deposit account of the
office of the District Collector/Deputy Commissioner.
4. The purpose of attachment of immovable or movable property for
execution by a decree is to take control of the property and if necessary, use the
value of such property to meet requirements of a decree. Simply attaching the
revenue deposit account of the office of the District Collector/Deputy
Commissioner could not have served the purpose of satisfying the execution of
the decree which was a subject matter.
5. In any view of the matter, it is stated by Mr. D. Mazumdar, learned Addl.
Advocate General for the petitioner that as per the records the awarded amount
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was deposited by the Railway authorities in the office of the District
Collector/Deputy Commissioner on 12.08.2017 and 04.08.2021 and by the
orders dated 13.10.2017 and 09.08.2021, respectively had been disbursed to
the lawful land owners which also includes the respondents herein or in other
words, the applicants in the LA (Ex.) Case No. 02/2015 and LA (Ex.) Case No.
03/2015. Even after the amount had been received by the land owners on
13.10.2017 and 09.08.2021, it is rather unfortunate that the land owners had
not bothered to inform the learned District Judge, Dhubri for recalling the order
of attachment and therefore the conduct of the land owners appears to be that
they have simply disappeared from the matter once they have received the
money.
6. The entire conduct of the land owners/applicants in the LA (Ex.)
Cases/respondents in the present revision petition appears to be not only
irresponsible but also abusing the process of law and more so, in view of the
serious implication that the revenue deposit account in the office of the Deputy
Collector/Deputy Commissioner had been attached. In the present revision
petition also, none appears for the respondents although the matter is pending
for almost four years. It is only because of the interim order dated 11.03.2020
of this Court that the functioning of the office the Deputy Commissioner would
be carried forward whereby the two orders impugned had been stayed.
7. As the amount had already been paid to the land owners and it is the land
owners who are evading further appearance in the Court and not being fair to
the justice delivery system, the two orders both dated 07.09.2019 of the learned
District Judge, Dhubri in LA (Ex.) Case No. 02/2015 and LA (Ex.) Case No.
03/2015 are set aside. The learned District Judge, Dhubri is directed to close the
LA (Ex.) Case No. 02/2015 and LA (Ex.) Case No. 03/2015 by following the due
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procedure of law. In doing so, notice be also issued to the applicants in the LA
(Ex.) cases and the applicants to explain their conduct as to why they have
abused the justice delivery system in not informing the Court regarding the
payment of the amount and allowing the judicial proceeding to continue
unnecessarily and without any purpose and that too with a possible detriment to
the public interest inasmuch as, a revenue deposit account in the office of the
District Collector/Deputy Commissioner had been attached. Appropriate order be
passed under the law as may be advised after giving a complete hearing to the
applicants.
Civil Revision petition stands disposed of as indicated above.
JUDGE
Comparing Assistant
