CAV JUDGMENT

Date : 26-10-2024

The instant petition has been filed by the applicant/appellant/petitioner under Article 227 of the Constitution of India for setting aside the warrant of attachment dated 05.10.2023 issued by the learned Sub Judge-I, Purnea under Order XXI, Rule 30 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’) in Execution Case No. 1 of 2016 and also for setting aside the order dated 05.08.2023 passed by the learned Sub-Judge-I, Purnea rejecting the stay petition filed by the petitioner and order dated 22.09.2023 passed by learned Sub-Judge-I, Purnea rejecting the objection of the petitioner on maintainability of the execution case.

2. The conspectus of the case, as it emerges from the record, is that petitioner National Highway Authority of India (in short ‘the NHAI’) is a statutory body of the Government of India and a nodal agency of the Ministry of Road Transport and Highways. The land of the land owner/respondent no.1 Md. Ghufran bearing Khata No. 2438, Khesra No. 1531, area 98.25 decimal at Mauza Basantpur in District-Araria was acquired for the purposes of broadening of NH-57. Acquisition was made under Section 3-A and Section 3-D of Natio