ORDER

I.A. no.4 of 2021

Heard learned counsel for the appellants and learned counsel for the respondent.

2. The instant application has been filed on behalf of the respondent for directing that the decretal amount which has been deposited by the judgment debtor in the name of the decree holder and the money is lying in the Katihar District Treasury be paid to the respondent-decree holder.

3. The relevant facts for the purpose of the instant application in brief are that by order dated 11.9.2002 passed in CWJC no.6811/2002 (Surya Narayan Poddar vs. State of Bihar), this Court gave liberty to the petitioner (respondent herein) to file an application under Section 5 of the Act before the Collector of the district who was directed to complete the process and make payment within three months from the date of submission of the application and report compliance to this Court by filing a supplementary counter-affidavit personally sworn by him. As directed, the applicant-respondent filed L.A. Case no.2 of 2006 for deciding just and appropriate compensation payable to him. The said petition was allowed and on calculation, it was found that the applicant-respondent was entitled to get Rs.22,80,090/ excess amount. The State was directed to pay the excess amount within a period of 30 days. Accordingly, the award was prepared and signed on 14.6.2013.

4. It is submitted by learned counsel appearing for the respondent that not a single farthing was paid to the applicant-respondent and as such, he filed Execution Case no.1 of 2013 for payment of the entire excess amount along with interest till the date of realisation. In the meantime, the appellant-State of Bihar and its authorities preferred the instant First Appeal no.106 of 2014 under the provisions of the Land Acquisition Act wherein I.A. no.5632 of 2016 was filed praying therein to stay the execution case. This Court vide its order dated 18.4.2017 disposed of the said application giving liberty to the appellant- State of Bihar to deposit the decretal amount in the learned court below within 90 days from the date of receipt/production of a copy of the order and it was further ordered that if the appellant do so, further proceeding of Execution Case no.1 of 2013 pending in the Court of learned Sub Judge I, Katihar shall remain stayed till further order of this Court. The appellant-judgment debtor deposited the amount of Rs.22,80,090/ in the name of the respondent-applicant-decree holder in the Treasury at Civil Court, Katihar Nazarat.

5. As the money was not paid to the respondent-applicant, a petition dated 25.7.2019 (Annexure-3) was filed praying therein that order for payment be passed to enable the decree holder to get the amount. The learned trial court by its order dated 6.9.2019, taking note of the fact that by order dated 18.4.2017 passed in F.A. no.106 of 2014, the order was only for deposit of the decretal amount, did not pass any orders for payment and rejected his petition.

6. It is submitted by learned counsel for the respondent that on rejection of his aforesaid petition, the respondent-applicant filed I.A. no.3 of 2019 in the instant appeal praying for setting aside of the order dated 6.9.2019 passed in L.A. Execution Case no.1 of 2013, however this Court by its order dated 21.12.2019, was of the opinion that the said order having been passed in a separate proceeding, the respondent ought to have challenged the same before the appropriate forum in accordance with law. Accordingly, the respondent filed a fresh case which was registered as Civil Misc. Case no.235 of 2020 which was disposed of as not pressed by order dated 30.4.2021 (Annexure-6) giving liberty to the respondent-applicant to file an appropriate petition in the pending F.A. no.106 of 2014 for issuance of appropriate direction to the learned trial court with regard to payment of the decretal amount. It is pursuant to the said order and the liberty granted therein that the instant application has been preferred praying fo