ARUN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) I have already heard the learned counsel Mr. Anirudha Kumar Verma on behalf of the petitioner and the learned counsel Mr. Ajay Kumar Sharma A.C. to A.A.G.-I on behalf of the respondent State of Bihar.

(2.) This application under Article 227 of the Constitution of India has been filed by the decree-holder petitioner against the order dated 28.7.2011 passed by Sub- Judge-!, Aurangabad in Execution Case No. 3 of 2007 whereby the learned court below rejected the application dated 2.2.2011 filed by the petitioner praying for to proceed with the execution case for the execution of the award passed in land acquisition case.

(3.) It appears that 3.97 acres of land was acquired by the State of Bihar for the purpose of construction of Sondih Distributory Canal. The respondents sent notice to the mother of the petitioner and an award was prepared. The mother of the petitioner filed an application under Section 18 of the Land Acquisition Act for enhancement of compensation which was referred to the Land Acquisition Judge i.e. Sub Judge-I, Aurangabad. It was numbered as 'L.A. Case No. 79 of 2003. The compensation was enhanced and judgment and award was passed on 1.3.2006. Being aggrieved by the said judgment and award the State of Bihar respondent has filed First Appeal No. 106 of 2006 before the High Court which is still pending. On the death of mother the present petitioner filed Execution Case No. 3 of 2Q07 for the execution of the award made by the Land Acquisition Judge. The respondent State of Bihar filed stay application before the High Court which was rejected by terms of order dated 14.12.2010. It appears that prior to that on the application of the State of Bihar respondent by terms of order dated 13.2.2009 the execution proceeding was stayed by the executing court on the ground that Title Suit No. 134 of 2006 filed by the other co-sharers claiming title and interest over the property acquired against the present petitioner is pending.