SK WAHID Vs. STATE OF BIHAR

JUDGEMENT

(1.) In terms of order dated 15-7-1993, I proceed to dispose of these Civil Revision applications on their merit at the stage of admission by this common order.

(2.) Relevant facts for disposal of these Civil Revision applications are in a narrow compass. Lands of the petitioners herein were acquired for construction of National Thermal Power Corporation, Kahalgaon, Awards prepared put in execution, notices under Order XXI, Rule 22 of the Code of Civil Procedure served on the judgment-debtor-State of Bihar, who failed to file a show cause nor deposited the judgment-debtor-State of Bihar, who failed to file a show petitioners prayed for attachment of the properties of the judgment-debtor for realization of the decrectal amount, refused by the impugned orders on the ground that no fund has been available to the Collector, Bhagalpur, by the National Thermal Power Corporation and that the Government has issued instructions to make payments only after obtaining its sanction and that there is a financial crisis prevailing in this State and accordingly, the Collector is not in a position to pay the decretal amount.

(3.) Mr. Krishna Mohan, learned Counsel appearing on behalf of the petitioners, submits that the reasons given are wholly misconceived and perverse and the Court below has committed jurisdictionl error m rejecting the prayers made by the petitioners.