Jharkhand High Court
Anirudh Prasad Singh vs The State Of Jharkhand on 24 February, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
C.M.P. No. 1103 of 2023
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Anirudh Prasad Singh, aged about 73 years, son of Late Bhirgunath
Singh, R/o - Village and PO - Hariharpur, PS - Bhawnathpur,
District - Garhwar, Jharkhand (822120) .... Petitioner
-- Versus --
1. The State of Jharkhand
2. The Principal Secretary, Home Department, Govt. of Jharkhand, PO
and PS - Dhurwa, District - Ranchi, Jharkhand
3. Deputy Commissioner-cum-District Collector, Garhwa, PO and PS -
Garhwa, District - Garhwa, Jharkhand
4. Superintendent of Police, Garhwa, PO and PS - Garhwa, District -
Garhwa, Jharkhand
5. District Land Acquisition Officer, Garhwa, PO and PS - Garhwa,
District - Garhwa, Jharkhand
6. The Registrar, Civil Court, Garhwa, PO and PS - Garhwa, District -
Garhwa, Jharkhand
7. The Registrar, Civil Court, Medininagar (Palamau) PO and PS -
Palamau, District - Palamau, Jharkhand .... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. Pankaj Kumar, Advocate
For the State :- Mr. Arun Kumar Dubey, Advocate
:- Mr. Varun Prabhakar, Advocate
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18/24.02.2025 Heard learned counsel appearing for the petitioner and
learned counsel appearing for the opposite parties, who are the
officials of the State.
2. This petition has been filed under Article 227 of the
Constitution of India for direction upon the learned Court to execute
the execution case bearing Execution Case No.08 of 2008 which is
pending since 2008 and that has been filed for implementation of
the decree dated 19.02.2006 passed in Title Suit No.25 of 1999.
3. Learned counsel appearing for the petitioner submits that
the Title Suit No.25 of 1999 was instituted for declaration of right,
title, interest and possession over the suit land in question in favour
of the plaintiff/petitioner and was decreed in favour of the petitioner
and appeal being Title Appeal No.15 of 2006 was dismissed by the
judgment dated 17.06.2009 and the decree was prepared. He
submits that for execution of the decree the execution case has
been filed and till date it is still pending and in view of that a proper
direction may kindly be issued.
4. Learned counsel appearing for the respondent State submits
that the defendant will cooperate in disposing of the said execution
case at the earliest.
5. By order dated 26.04.2024 the co-ordinate Bench of this
Court has called the explanation from the Court concerned as to
why the said execution case is pending since long pursuant to that
explanation has been received and different dates have been
provided about the steps taken in the said execution case.
6. It transpires that one petition under Order 21 Rule 97, 99
and 101 read with Section 151 of CPC filed by the objector is still
pending and it was further pointed out that Civil Judge Senior
Division - II, Munsif Court was vacated since 01.03.2024 and
another officer has been made in-charge of the vacant court and in
view of that the explanation is accepted and this petition is being
disposed of in light of the judgment of Hon'ble Supreme Court in
the case of Rahul S. Shah versus Jinendra Kumar Gandhi &
Ors. reported in (2021) 6 SCC 418 wherein at paragraph No.42
mandatory direction has been issued for execution cases, as such
this petition is being disposed of in light of mandatory direction
made at paragraph No.42 of the said judgment. The learned Court
will take all endeavors to dispose of the same at the earliest.
7. The petitioner and the opposite parties will cooperate in the
executing court in passing appropriate order.
8. This petition is disposed of.
(Sanjay Kumar Dwivedi, J.)
Sangam/
