Asha Jha vs State Of Jharkhand
2023 Latest Caselaw 3015 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     C.M.P No. 896 of 2023
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                 Asha Jha                                              .... .... Petitioner(s).
                                            Versus
                1. State of Jharkhand
                2. Deputy Commissioner, Deoghar                         .... .... Respondent(s)
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                CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the Petitioner(s) : M/s. Indrajit Sinha & Ankit Visahl, Advocates For the State : Mr. Krishna Kumar Bhatt, Advocate

03/19.08.2023 The petitioner in this application has prayed to direct the Principal District Judge, Dumka-cum-Authority appointed under Act 30 of 2013 for expeditious disposal of the Execution Case No. 1 of 2021 arising out of Land Acquisition Case No. 9 of 2019.

It is a case of the petitioner that execution case is kept pending though the first appeal filed by the State against assessment of compensation has already been dismissed.

Hon'ble Supreme Court in the case of Rahul S. Shah Vrs. Jinendra Kumar Gandhi & Ors. reported in (2021) 6 SCC 418 wherein the Hon'ble Supreme Court especially in paragraph 42.12 has directed as follows:-

"The executing court must dispose of the execution proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay."

Considering the nature of prayer made in this writ application and also considering the aforementioned judgment passed by the Hon'ble Supreme Court. I direct Principal District Judge, Dumka-cum-Authority appointed under Act 30 of 2013 to dispose of the Execution Case No. 1 of 2021 on merits preferably within a period of four months from the date of receipt of copy of this order without giving unnecessary adjournment to any of the parties.

After disposal Principal District Judge, Dumka-cum-Authority should report about the disposal of the case to the Registrar General of this Court.

Accordingly, the instant petition stands disposed of with the aforesaid direction.

(ANANDA SEN , J) anjali/cp2