Court No. - 9
Case :- CIVIL REVISION No. - 556 of 2014 Revisionist :- Dhruv Narayan Opposite Party :- Executive Engineer, Sharda Sahayak Khand Counsel for Revisionist :- Jamwant Maurya Counsel for Opposite Party :- SC
Hon'ble Anjani Kumar Mishra,J.
This matter had been heard yesterday when the following order has been passed:-
"Learned Standing Counsel appearing on behalf of the State states that the calculation chart which has been accepted by the court below by the order impugned, is perfectly correct.
Perusal of the impugned order reveals that this calculation has been accepted on the sole ground that it was verified by the Government Advocate appearing in the matter. There is no other reason given why the calculation of the judgment debtor was accepted and that of the decree holder rejected.
Under the circumstances, this Court proposes to examine the calculations.
It is clarified that in case the calculations are found to be incorrect may impose This Court must heavy costs both on the Standing Counsel as also the Government Advocate who had verified the computation chart filed.
Put up tomorrow (28.03.2018) for the said purpose."
An award of the reference Court, in land acquisition proceedings was put to execution before the Court below and the question involved relates to what amount is payable to the decree holder as also the interest payable on such amount.
Today on the matter being called out, learned Standing Counsel submitted that it is absolutely correct that no reason has been assigned by the Executing Court for accepting the calculations furnished on behalf of the State neither any reason has been assigned as to why the calculations furnished the decree holder revisionist were not liable to be accepted.
In view of the statement so made, in my considered opinion, the impugned order cannot be sustained and is liable to be set aside.
The revision is accordingly allowed. The impugned order dated 19.02.2012 is set aside and the matter is remanded back to the Executing Court to pass a fresh and reasoned order after hearing all concerned, expeditiously, preferably within a period of three weeks from the date of a certified copy of the order is filed before it.
MISHRA Order Date :- 28.3.2018 Priyanka ANJANI KUMAR Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049885 bf64ad5bbb33050e3dfe3e210927d94f413, SERIALNUMBER=004ee64f25f9f36f85db dc71f5b0ec1e2f0938431e25dbbadc93823 915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-03-28 17:04:11