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2025 DAILYLAW 31203 (ALL)

MANOJ KUMAR SINGH @ MANOJ KUMAR v. SHARIFUL HASAN AND 5 OTHERS

WRIC/8183/2025 · 2025-04-29

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67769 Court No. - 9 Case :- WRIT - C No. - 8183 of 2025 Petitioner :- Manoj Kumar Singh @ Manoj Kumar Respondent :- Shariful Hasan And 5 Others Counsel for Petitioner :- Anant Agarwal,Ashish Kumar Singh,Raghvendra Pratap Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. Second supplementary affidavit, filed today, is taken on record. 2. Learned counsel for the petitioner submits that on 09.04.2025 following order was passed by this Court: "1. Supplementary affidavit, filed today, is taken on record. 2. The petitioner before this Court is a Chief Engineer, U.P. Jal Nigam (Urban), Kanpur Nagar. The land of respondents No.1 to 5 was acquired way back in the year 1987. Despite the award having been made and the reference having been decided by the competent Court, the entire awarded amount, till date, is not paid to the land holders. An execution proceedings were initiated and in the said proceedings the arrest warrant was issued against the Superintending Engineer. The Superintending Engineer has approached this Court for staying the arrest warrant which was denied by the coordinate Bench. Thereafter a Special Leave to Appeal (C) No.1908 of 2025 was filed wherein the Apex Court, on 24.1.2025, while granting exemption from arrest, had attached the salary account of Executive Engineer, Constructions Division-I, Kanpur and Executive Engineer, Construction Division, Kanpur Dehat. Thereafter an amount of Rs.1,66,79,160/- was deposited on 24.3.2025 before the Executing Court. However, still there is a balance of Rs.99,840/- to be deposited by the U.P. Jal Nigam. 3. As there was a shortfall in the deposit by the U.P. Jal Nigam, Court below on 28.2.2025 has granted 10 days time to the petitioner i.e. Chief Engineer, U.P. Jal Nigam, Kanpur (Urban) to deposit the amount and in case it is not deposited, the arrest warrant would be issued against him. 4. Learned counsel for the petitioner submits that the balance amount of Rs.99,000/- and odd would be deposited within three days. 5. Put up this matter as fresh on 15.04.2025." 3. According to him, the amount required to be deposited was Rs.1,66,79,160/-. The District Magistrate, Kanpur Nagar had given financial approval for Rs.1,67, 79,000/-. The awarded amount of Rs.1,66,79,160/- was deposited before the Court below on 24.03.2025 and the difference of the sanctioned amount of Rs.99,840/- has been returned/surrendered being the excess amount, to the District Magistrate by the Executive Engineer, Construction Division-I, U.P. Jal Nigam, Urban, Kanpur Nagar. According to him, the order of the Court below has been complied with. 4. As the amount of Rs.1,66,79,160/- has already been deposited by U.P. Jal Nigam before the Court below, the order dated 28.02.2025 needs to be set aside. 5. In view of the said fact, the order dated 28.02.2025 passed by Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Kanpur Nagar in Execution Case No.28 of 2021 (Shariful Hasan vs. State of U.P. and others) is hereby set aside. 6. The writ petition stands allowed. 7. However, the Court below shall proceed with the matter in accordance with law. Order Date :- 30.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad