RATAN LAL PODDAR v. THE DEPUTY COMMISSIONER, RAMGARH
C.M.P./775/2025 · 2025-08-20
Gautam Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24832 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24832 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:24525 IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 775 of 2025
1. Ratan Lal Poddar, S/o Late Chitramal Poddar, R/o GR-17, Gola Road, Near Basic School, Ward No. 08, PO + PS Ramgarh Cantt, District Ramgarh
2. Shani Rani, W/o Late Dileep Singh, R/o Village-Ramgarh PO + PS Ramgarh Cantt, District Ramgarh
3. Ram Suresh Tiwary, S/o Shiram Tiwari, R/o 64, C.I.C. Basti, P.S. Patratu, PO Barkakana, District-Ramgarh
4. Sita Ram, S/o Sri Puran Mall, R/o Village-Ramgarh, PO + PS Ramgarh, District Ramgarh
5. Devendra Singh Arora, S/o Sardar Bhag Singh, R/o village Ramgarh, PO + PS Ramgarh, District Ramgarh
..... .... Petitioners
Versus
1. The Deputy Commissioner, Ramgarh having its office at, DC office, Chhatar Mandu, PO + PS Ramgarh, District Ramgarh
2. Ministry of Defence, Union of India through its Secretary, having its office at Kartavya Path, E Block, Central Secretariat, PO + PS Central Secretariat, New Delhi, 110011
… …. Opposite Parties
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioners
: Mr. B.R. Rochan, Advocate
Mr. Pradyamna Poddar, Advocate For the State
: Mr. Sachin Kumar, AC to SC-I For U.O.I.
: Ms. Niki Sinha, CGC : Mr. Prashant Pallav, Amicus Curiae
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Order No. 05 / Dated : 20.08.2025.
1. Petitioners are the decree holder arising out of L.R. Case Nos. 21/90, 22/90, 23/90, 24/90, 25/90, 26/90, 27/90, 28/90, 29/90, 30/90, 31/90 and are aggrieved by the non-execution of the award despite it having attained finality.
2. It is submitted by the learned counsel on behalf of the petitioners that Union of India, Ministry of Defence, has preferred First Appeal No. 03/2005 which was dismissed by the Single Bench of this Court vide order dated 02.01.2014. In the first appeal, this Court gave a specific direction to the Union of India to deposit the awarded amount with interest and others statutory benefit within three months from the date of the said order. It is further submitted by the learned counsel for the petitioners that more than eleven years have elapsed since passing of the said order, but the said order has not been complied with.
3. Learned counsel on behalf of the State submits that the compensation has to
2025:JHHC:24525 be paid by the Union of India, Ministry of Defence and therefore, there is no objection to the expeditious disposal of the execution case.
4. Mr. Prashant Pallav, learned counsel has appeared as Amicus Curiae in this case to assist Court. It is fairly submitted that there is a specific direction of Hon’ble Supreme Court in Rahul S. Shah V. Jitendra Kumar Gandhi & Ors. (2021) 6 SCC 418 to dispose of execution cases within six months from the date of order.
5. Having considered the submissions, it is somewhat distressing and disturbing to note that despite the order passed in First Appeal No.03/2005 and analogous cases, the petitioners/ decree holders have not received award of compensation.
6. Learned Executing Court is directed to dispose of execution case within the period of six months from the date of the order and in any event if the Executing Court comprehends any difficulty in executing the order within the stipulated time, it will seek specific extension of time from this Court.
Civil Miscellaneous Petition is, accordingly, allowed.
Pending I.A., if any, stands disposed of.
(Gautam Kumar Choudhary, J.) Pawan/ -