The Jabalpur Bench of the Madhya Pradesh High Court on Wednesday asked the government advocate to find out why the Collector, Satna had not complied with the Court order in a 41-year-old Civil Suit.
The petition was filed by Shivani Mukherjee through Advocate Sanjay Verma being aggrieved by the inaction of Collector, Satna in not implementing the warrant of possession issued by 3rd Additional District Judge, Satna.
Counsel for the petitioner contended that the decree for possession was passed in RCS No.4A/1978 with respect to RAG No. 370/494, area 2.82 acres, and the execution proceedings started before the 3rd ADJ, Satna on 28.07.2004. Despite the fact that the matter has gone to the Supreme Court and the warrant of possession has been issued to Collector, Satna on 14.10.2019, the Collector, Satna has not cooperated in handing over the possession to the petitioner.
The private land of the petitioner’s brother S.D. Mukherjee was illegally occupied. Mukherjee filed a Civil Suit against this. After hearing the case on December 13, 1979, the Court found Mukherjee’s claim to be true. Simultaneously, the Collector, Satna was ordered to ensure that Mukherjee took possession of the land including the compensation amount at the rate of Rs 30 per day from the day the land was occupied, but the Collector did not do so. Instead, the court order was challenged through an appeal to the High Court. The appeal was dismissed. Meanwhile, Mukherjee passed away, but the Collector instead of granting possession to the petitioner challenged the High Court order in the Supreme Court. The Apex Court dismissed the same but till now Collector, Satna has not granted possession to the Mukherjee family, the petitioner alleged.
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The Single-Judge Bench of Justice Nandita Dubey gave a week’s time to the government advocate to seek instructions as to why the possession was not handed over till date by the Collector, Satna to the petitioner. Moreover, the order said, “If a clarification is not filed within a period of one week, the Collector, Satna shall remain present personally before this Court on the next date of hearing.”