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Judgment
R.K. Merathia, J.—Ajit Kumar, learned Counsel appearing for the Petitioner submitted that the cheque for Rs. 24,05,318/issued in favor of the Petitioner was not encased by the Respondents on the ground that the learned SubudgeI, Seraikella, has attached the Treasury Head No. 4700 by order dated 25/03/2010 in Execution Case No 08/2009, whereas such order of attachment will relate only to the decrial amount.
Rahul Kumar, learned Counsel has filed a petition for intervention saying that the same thing has happened with his client (B.K.S.Enterprises) with regard to the cheque for Rs. 7,82,603/.
It was also pointed out that on such ground the cheques of other parties have also not been encashed.
Miss Neha Prashant, learned JC to AG submitted that the Chief Engineer, Suwarnrekha Multipurpose Project, Adityapur, has been directed to get the said order modified/clarified to the extent that the attachment relates to the decrial amount. However, she is not in a position to say as to whether the Chief Engineer has filed such petition or not.
Thus, there is no dispute about the playability of the cheque amounts. In my opinion, the Petitioner and the intervener can move the learned SubJudgeI, Seraikella if they are adversely affected by the order dated 25/03/2010.
Accordingly, the Petitioner and the intervener are given liberty to move the SubJudgeI, Seraikella, for clarification/modification of the order dated 25/03/2010 in Execution Case No. 8/2009.
If the Chief Engineer concerned has not filed any petition for modification/clarification of the said order, he should file the petition as directed in the letter contained in memo No. 2565 dated 18/08/2010.
The parties are directed to cooperate in early disposal of the matter. It is expected that if any petition is filed by the Petitioner, the intervener or the Chief Engineer, the same shall be disposed of as early as possible and preferably within four weeks from the date of filing of such petitions.
As this writ petition is being disposed of in absence of the decree holder, on whose prayer order dated 25/03/2010 was passed, it is clarified that if it is found by the learned Sub Judge that the decrial dues cannot be fixed and it is increasing periodically, the Secretary, Water Resources and Irrigation Department, Government of Jharkhand, Ranchi (Respondent No. 1) Will see that the amounts of the said cheques are paid to the Petitioner and the intervener in any other manner, within four weeks from the order of the learned Sub Judge.
With these observations and directions, this writ petition stands disposed of.