High CourtsSingle Bench(2024) 08 TP CK 0010

Land Acquisition Collector vs Anil Plantation Private Limited

Tripura High Court · Decided on 14 August 2024

HON’BLE JUDGES
Aparesh Kumar Singh, CJ
CASE NUMBER
Civil Revision Petition No. 75 Of 2024

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Judgment

7 paragraphs · 195 words

Aparesh Kumar Singh, J

Mr. Kohinoor N Bhattacharya, learned Government Advocate submits that by the impugned order dated 30.07.2024 passed in Execution (M) No.02 of 2021, the learned L.A. Judge, Sepahijala District has issued writ of attachment against the movable/immovable properties of the judgment debtor i.e. the LA Collector, petitioner herein, and the GREF.

It is submitted that the LA Collector is only a facilitator in the acquisition of the properties. It is the requisitioning authority which has to satisfy the decreetal amount during course of the execution proceedings. However, without appreciating the issue, the movable and immovable properties of the office of the judgment debtor has been attached by the learned L.A. Judge.

Issue notice on respondent No.1 executable through the learned L.A. Court through their learned counsels. Mr. Bidyut Majumder, learned D.S.G.I. appears for the respondent No.2 (Union of India). Requisites be filed by 20th August, 2024.

In the meantime, the operation of the impugned order dated 30.07.2024 so far as it relates to attachment of the movable/immovable properties of the L.A. Collector-petitioner shall remain stayed.

Service report be returned within one week of its receipt.

Matter be listed on 12th September, 2024.