R K SINGH, IAS Vs. JIA LAL

JUDGEMENT

(1.) This judgment of mine will dispose of Civil Revision No 3116 and 3173 of 1989. The learned counsel for the parties are agreed that the facts of the case may be picked up from the present revision. The Land Acquisition Collector having given the award in favour of the claimants and the money not having been disbursed in accordance with the award of the claimants filed execution petition before the Additional District Judge, Ambala. Under the impugned order, the Bank accounts of the judgment-debtors were frozen. Not only that, notice was also ordered to be issued to Shri R.K. Singh, Chief Administrator and Shri R.P. Kaushik, Land Acquisition Collector, directing the aforesaid officers to appear in person and to show cause as to why they should not be detained in civil prison.

(2.) At the time of hearing of the revision, it has been stated by Shri A. Mohunta, learned counsel for the revision petitioner that entire money awarded to the claimants, in all the 16 cases, has been deposited. On the other hand, Shri M.L. Sharma, Advocate has pointed out that some money out of the amount awarded, has not been deposited. Without going into the controversy, as to whether some money remains to be deposited, this Court directs that the entire amount due to the claimants should be deposited forthwith if the same has not been so deposited. If there is a difference about the exact amount, the same would be gone into afresh by the learned Additional District Judge, Ambala and then the judgment-debtors would be required to deposit the balance amount.

(3.) As regards that part of the order of the learned Additional District Judge by which the show cause notice has been issued to both the above said officers for their detention, the same is unsustainable. The learned Additional District Judge would have been better advised not to take this action in hurry. With these observations, the show cause notice for detention in Civil prison of the aforesaid officers is quashed. The order freezing of the Bank accounts is hereby vacated.