Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5039 of 2018 Petitioner :- Bhagwati Prasad Respondent :- First Additional District Judge, Kanpur Dehat And 2 Others Counsel for Petitioner :- Lal Mani Singh,Raghuvir Sharan Singh Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana, Archana Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel. Smt. Archana Singh appears for respondent no.3.
Petitioner has come up before this Court with the request to direct the First Additional District Judge, Kanpur Dehat to decide the Execution Case No.25 of 2012 (Bhagwati Prasad v. State of U.P. & Ors.) pending before him since 2012 and further to ensure the payment of decreed amount to petitioner alongwith other admissible interest upto date from the assets of judgment debtor i.e. UPSIDC within stipulated period.
At the very outset, Shri L.M. Singh, learned counsel for the petitioner has apprised to this Court that in similar circumstances this Court has already expedited the Execution proceeding in Matters Under Article 227 no.486 of 2017 (Ram Nath Singh vs. 1st ADJ Kanpur Dehat and others) vide order dated 25.01.2017 and prayed that the present Writ Petition be also disposed of on the same terms.
For ready reference, the order dated 25.01.2017 passed in Matters Under Article 227 no.486 of 2017 (Ram Nath Singh vs. 1st ADJ Kanpur Dehat and others) is reproduced below:-
"Heard learned counsel for the petitioners; and Sri Abhijeet Mukherji for the respondent no.3.
The present petition has been filed for a direction upon the first respondent to decide Execution Case No.57 of 2012 (Ram Nath Singh Vs. State of U.P. and others) with utmost expedition so as to ensure payment of the decretal amount.
The contention of the learned counsel for the petitioners is that the award has become final and yet the U.P. SIDC (third respondent) is not complying with the award and the execution proceeding is pending.
Considering the facts and circumstances of the case, this petition is disposed of with a direction upon the first respondent to ensure expeditious conclusion of the execution proceeding of Execution Case No.57 of 2012 pending in his court and a further direction is issued to the court concerned to take necessary steps for execution of the award, preferably, within a period of three months from the date of production of certified copy of this order, unless there is any legal impediment in doing so."
Once such is the factual situation that in similar circumstances, this Court has already expedited the execution proceedings, then, with the consent of parties, the present Writ Petition is disposed of with a direction upon the first respondent to ensure expeditious conclusion of the execution proceeding of Execution Case No.25 of 2012 (Bhagwati Prasad v. State of U.P. & Ors.) pending in his court and a further direction is issued to the court concerned to take necessary steps for execution of the award, preferably, within a period of three months from the date of production of certified copy of this order, in case there is no other legal impediment in doing so.
Order Date :- 26.7.2018 SP/