Balo Mahto & Others vs Abhay Kumar Shroff & Anr
2022 Latest Caselaw 3846 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       F. A. No. 79 of 2022
    Balo Mahto & Others                 .... .... Appellants
                           Versus
    Abhay Kumar Shroff & Anr.           .... ...        Respondents
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CORAM : HON'BLE MR. JUSTICE DR. S.N. PATHAK

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For the Appellants : Mr. Amar Kumar Sinha, Advocate Mr. Lalit Kumar Yadav, Advocate

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3/ 21.09.2022 At the very outset, learned counsel appearing for the appellant submits that the order under appeal is itself without jurisdiction, as the Principle District & Sessions Judge-cum-Land Acquisition Rehabilitation and Resettlement Authority, Dumka has no jurisdiction to pass the order.

This appeal is admitted for hearing.

Issue notice to the respondents, for which, requisites etc. must be filed within two weeks, through registered cover with A/D, as also under ordinary process.

Call for the Lower Court Records.

I.A. No. 8095 of 2022 This application under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure has been filed for stay of the further proceeding for payment of compensation amount to the respondents in connection with Land Acquisition Case No. 84 of 2017 arising out of Land Acquisition Case No. 49 of 2012-13.

It is submitted by learned counsel for the appellants that though the respondents have not filed any execution case to execute the said judgement and award dated 20.7.2022, but respondents are bent upon to get the compensation amount by passing the statutory provisions enshrined in the Code of Civil Procedure as well as Land Acquisition Act. To buttress his argument, learned counsel places reliance upon the judgment in the case of Mool Chand Yadav Vs. Raza Bulchand Sugar Company Ltd & Ors., reported in (1982) 3 SCC 484.

Since prime facie case appears to be in favour of the appellants and balance of convenience also lies in favour of the appellants, this Court is inclined to stay the further proceeding of Land Acquisition Case No. 84 of 2017 arising out of Land Acquisition Case No. 49 of 2012- 13 pending in the Court of Land Acquisition Officer, Deoghar.

The aforesaid interlocutory application stands allowed.

(Dr. S. N. Pathak, J.) R.Kr.