IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2053 of 2006 RAKESH KUMAR @ RAKESH KUMAR SINGH son of Sri Bajrangi Singh, resident of village Raipura, P.S. & District Aurangabad. Versus STATE OF BIHAR, through the Collector Aurangabad. ----------- 3 30/3/2010 No one appears for the petitioner. Learned counsel for the State is present. In the opinion of this Court, this application for a direction to the opposite party to make full payment of the decreetal amount in Land Acquisition Case no. 75 of 1990 is wholly misconceived, inasmuch as, the petitioner after preparation of decree and its affirmation being dismissal of F.A. 517 of 1994 rightly moved the Executing Court in Execution Case no. 17 of 1994. The Executing Court, the court of Sub-Judge-I, Aurangabad was infact expected to execute the decree if the same was not stayed by any superior court. The Executing Court therefore was/is still under obligation to execute the decree even if that would require taking coercive measures against the judgment debtor. That being so, this application subject to the aforesaid observation is hereby dismissed with a direction to the Sub-Judge- I, Aurangabad to submit a report to this Court within a month explaining the reason for pendency of the aforesaid Execution Case for period over 15 years. Abhay Kumar ( Mihir Kumar Jha, J.) 2