DEPUTY CHIEF ENGINEER Vs. DILIP DAS

JUDGEMENT

(1.) Mr. Bidyut Majumder, learned Deputy, SGI, for the petitioner submits that on the basis of an award passed on 15/1/2018 in Misc. L.A. No.96/2014 by the learned L.A. Judge, South Tripura, Belonia, a total amount of Rs.58,11,677.00 has been paid by the judgment debtor/petitioner as per the computation made by the L.A. Collector. However, on the basis of computation provided by the decree holders/respondents alleging that the compensation still remains unpaid fully vide order dtd. 31/5/2025 passed in Exe(LA) No.09/2021, the learned L.A. Judge, South Tripura, Belonia had attached the office furnishings of the L.A. Collector, South Tripura. However, the attachment was vacated thereafter on the basis of undertaking given on behalf the L.A. Collector that admissible dues would be paid. The judgment debtor/petitioner therefore filed a petition under Sec. 47 of the CPC, taking plea that no more amount is payable as compensation to the decree holders. However, the learned Executing Court, vide impugned judgment dtd. 19/6/2025, has without disposing the petition under Sec. 47 of the CPC, proceeded to direct the petitioner to deposit the remaining amount as projected by the decree holders. Therefore, the petitioner has approached this Court.

(2.) Mr. P. Gautam, learned senior Government Advocate, appears for the respondent No.3-LA Collector.

(3.) Issue notice upon the respondent Nos.1 and 2 under ordinary process and speed post for which requisites be filed by 8/7/2025.