The State Of Madhya Pradesh vs Kulbhushan
2022 Latest Caselaw 12272 MP

                                                                             1
                                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                                   AT JABALPUR
                                                                           BEFORE
                                                             HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                                 ON THE 14th OF SEPTEMBER, 2022

                                                             WRIT PETITION No. 21133 of 2021

                                                  BETWEEN:-
                                                  THE STATE OF MADHYA PRADESH THR. ITS
                                                  LAND ACQUISITION OFFICER SUB DIVSIONAL
                                                  OFFICER REVENUE GOVINDPURA CIRCLE
                                                  BHOPAL RTO OFFICE KOHE FIZA BHOPAL
                                                  (MADHYA PRADESH)

                                                                                                            .....PETITIONER
                                                  (BY SHRI ATUL DWIVEDI - PANEL LAWYER)

                                                  AND
                                        1.        KULBHUSHAN S/O PYARELAL OCCUPATION:
                                                  THR.   SUBHASH    SHARMA S/O   SATPAL
                                                  HAMIDIYA ROAD BHOPAL (MADHYA PRADESH)

                                        2.        WEST CENTRAL RAILWAY BHOPAL THROUGH
                                                  DY.CHIEF   ENGINEER    (CONSTRUCTIONS)
                                                  DISTT.BHOPAL (MADHYA PRADESH)

                                                                                                        .....RESPONDENTS
                                                  (SHRI S.K. SHRIVASTAVA - ADVOCATE FOR THE RESPONDENT
                                                  NO.2 )

                                                Th is petition coming on for hearing this day, th e court passed the

                                        following:
                                                                              ORDER

Petitioner has filed this petition under Article 226 of the Constitution of India challenging attachment order dated 06.09.2021 (Annexure-P/5) passed by

IIIrd Additional District Judge, Bhopal (MP) in Execution Case No.1300009/2013. By impugned order trial Court has issued a notice and Signature Not Verified SAN

attachment warrant to the petitioner.

Digitally signed by ASHWANI PRAJAPATI

It is submitted by counsel appearing for petitioner that it is the obligation Date: 2022.09.14 19:06:55 IST

of Railway to pay the compensation amount to the affected person. Executing Court instead of taking action against respondent No.2 i.e. West Central Railway, Bhopal has passed order against petitioner and has issued attachment warrant. He made a prayer for setting aside attachment order and issuance of notice to petitioner.

Learned counsel appearing for respondent No.2 submitted that land has been acquired for Railways and Railway is in possession of land in question. Compensation amount is to be paid by Railways which will be routed through Land Acquisition Officer.

Heard the counsel for the parties.

Miscellaneous petition No.2438/2018 filed by Union of India for becoming party in execution case has already been allowed and order has been passed to made Union of India as party in execution case.

Considering the aforesaid order and the fact that respondent No.2 has to make the payment of compensation amount through Land Acquisition Officer and liability to pay compensation is on respondent No.2, therefore, writ petition filed by petitioner is allowed to the extent that decree holders/executioners are directed to make West Central Railway, Bhopal as party in execution case and before affecting attachment warrant Executing Court shall determine what is the remaining amount which is to be deposited by Railways with Land Acquisition Officer and accordingly action may be taken by judgment debtor and debtors.

In view of aforesaid direction, writ petition filed by petitioner is disposed off. Notice and order dated 06.09.2021 issued to petitioner shall remain

Signature Not Verified suspended till liability to pay the compensation is fixed by the Executing Court SAN

on petitioner and respondent No.2.

Digitally signed by ASHWANI PRAJAPATI Date: 2022.09.14 19:06:55 IST

Executing Court is directed to conclude execution case within period of

six months and no un-necassary adjournment be granted to State of Madhya Pradesh and Union of India.

(VIVEK AGARWAL) JUDGE A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2022.09.14 19:06:55 IST