ASHOK KUMAR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner and respondent no. 6 both of whom claim to be the son of Badri Vishal Sao, an awardee in Land Acquisition Case Nos. 1/89, 2/89, 3/89 and 4/89, award dated 30th Aug., 1990/15th Sept., 1990, are before this Court in the present writ application. Petitioner has sought compensation in respect of land acquired measuring an area 0.69 Acres of Khata Nos. 1 and 2, Plot Nos. 17, 41 and 40 measuring an area 1.90 Acres of Khata Nos. 2, 27 and 37, Plot no. 586/1, 307, measuring an Area 0.07 Acres of Khata No. 72, plot no. 309P and measuring an area 35 decimals of Khata No. 55, Plot no. 575 of Village Chana Kallam said to be the subject matter of the acquisition proceeding. After the decision of Land Acquisition Judge vide order dated 30th Aug., 1990, Badri Vishal Sao father of the petitioner preferred first appeal before this Court being First Appeal Nos. 30, 31 and 32 of 1998(R), which was dismissed vide order dated 19th Oct., 2001 passed by learned Single Judge of this Court observing as follows:

(3.) The execution cases were filed in 2005 being Execution Case Nos. 2, 3, 4, 5 of 2005 thereafter before the court of Sub-Judge, 1, Gharwa. This was apparently beyond 12 years of limitation period for execution of decree, which was prepared in land acquisition cases in the year 1990. Surprisingly, though the awardee, Badri Vishal Sao was alive, no execution proceedings were initiated by him rather by the present petitioner claiming to be his legal heir. It has also been recorded in the impugned order passed in Execution cases dated 11th Dec., 2008 that decree-holder, Badri Vishal Sao appeared on 19th Nov., 2007 and said that in Execution Case Nos. 2, 3 and 4 of 2005, he did not give any power of attorney to file a case to petitioner, Ashok Kumar, who is the son of Badri Vishal Sao. It was stated that he has two sons, namely, Ashok Kumar and Pradeep Kumar. Learned Sub-Judge-I, Garhwa after taking note of these facts and dismissal of first appeals as barred by time also observed that Honourable High Court has refused to give condonation of delay for filing of execution case. Appeal is therefore barred in time by the order of Honourable Court. The execution cases were dropped.