Gujarat High Court
State Of Gujarat vs Lh Of Decd Shamji Hira Raiyani on 26 September, 2025
NEUTRAL CITATION
C/SCA/9835/2024 ORDER DATED: 26/09/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9835 of 2024
==========================================================
STATE OF GUJARAT
Versus
LH OF DECD SHAMJI HIRA RAIYANI & ORS.
==========================================================
Appearance:
MR SIDDHARTH RAMI AGP for the Petitioner(s) No. 1
==========================================================
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.22 dated 10.03.2022, whereby the learned Additional Senior
Civil Judge, Jetpur had issued an attachment warrant against the Judgment
Debtor No.1 for non-payment of Rs.7,77,418/-, 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
NEUTRAL CITATION
C/SCA/9835/2024 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.22, 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.7,77,418/- 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
