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2024 Supreme(Pat) 1226

IN THE HIGH COURT OF JUDICATURE AT PATNA
Arun Kumar Jha
National Highway Authority of India through Project Director – Appellant
Versus
State of Bihar through the Collector – Respondent


Advocates Appeared:
For the Petitioner:Dr. Maurya Vijay Chandra, Advocate, Mr. Gaurav Govinda, Advocate
For the Respondent:Mr. Sunil Kumar, Advocate, Mr. Sanjeet Kumar Sanju, Advocate, Mr. Bhaskar Sandilya, Advocate, Mr. Sandilya Vilochan Tiwary, AC to GA-9

JUDGMENT :

Arun Kumar Jha, J.

The instant petition has been filed by the applicant/appellant/petitioner under Article 227 of the Constitution of India for quashing the order dated 26.09.2023 ordering for issuance of warrant and consequent issuance of warrant of attachment dated 05.10.2023 under Order XXI Rule 30 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’) returnable on 03.11.2023 in Money Execution Case No. 38 of 2018 and thereby ordering for attachment of Toll Plaza Maranga, NH-31, Purnea and office building, Project Implementation Unit (PIU), Purnea, movable assets of PIU office, Purnea seeking further relief for quashing of the order dated 05.08.2023 passed by the learned Sub-Judge-I, Purnea rejecting the stay petition filed by the petitioner.

2. Conspectus of the case is that the petitioner, National Highway Authority of India, is a statutory body of the Government of India and a nodal agency of the Ministry of Road Transport and Highways. The land of respondent no.3 bearing Khata No. 761, Khesra No. 710, Khata No. 555 Khesra Nos. 742, 746, 747, 1050, 1056, 1058 and Khata No. 537 Khesra No. 904 with total area of 2.09 ¾ acre in Mauza Jalalgarh in the Dis

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