IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6231 of 2006 RITA SINGH, WIFE OF LATE CHANDESHWAR PRASAD SINGH, RESIDENT OF MOHAMADDA HOUSE, KEDARNATH ROAD, KALYANI, P.S. MUZAFFARPUR, DISTRICT- MUZAFFARPUR :---PETITIONER. Versus 1. THE CHAIRMAN,BIHAR STATE ELECTRICITY BOARD, PATNA. 2. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA- 800001. 3. THE GENERAL MANAGER-CUM-CHIEF ENGINEER VIDYUT BOARD, BHAGWANPUR CHOWK, MUZAFFARPUR. 4. THE ELECTRIC SUPERINTENDING ENGINEER, BIHAR STATE ELECTRICITY BOARD, RAM DAYALU MUZAFFARPUR. 5. THE EXECUTIVE ENGINEER, BIHAR STATE ELECTRICITY BOARD, MARIPUR, MUZAFFARPUR. 6. THE ASSISTANT ENGINEER, BIHAR, STATE ELECTRICITY BOARD KALYANI, MUZAFFARPUR. 7. SHRI VIJAY KUMAR JHA, SON OF SRI PARAS NATH JHA, RESIDENT OF KANHAULI, RAM BAGH ROAD, P.S. TOWN MITHANPURA, DISTRICT- MUZAFFARPUR. 8. SHRI SURESH KUMAR PATEL, SON OF LATE DEVI LAL PATEL, RESIDENT OF MOHALLA PURANI GUDARI, P.S. TOWN, DISTRICT- MUZAFFARPUR. 9. SRI ADITYA BHAIRAB, SON OF LATE CHANDESHWAR PD. SINGH, RESIDENT OF MOHAMADDA, HOUSE, KEDARNATH ROAD, KALYANI, P.S.& DISTRICT- MUZAFFARPUR:--- RESPONDENTS. ----------- For the petitioner :- Mr. Hare Krishan Kumar, Advocate. For the Respondents :- Mr. Vinay Kirti Singh, Advocate. Mr. Vijay Kumar Verma, Advocate. ====== 04. 27.04.2011. Heard learned counsel for the petitioner and the counsel for the Bihar State Electricity Board (hereinafter referred to as the “Board”). None appears for Respondent Nos. 7-9 who were directed to be served dasti summon by the petitioner under order of the High Court dated 31.03.2011 in response whereto dasti was served on Respondent Nos. 7,8 who refused to accept the same. Wife of Respondent No. 9, however, received on behalf of Respondent No. 9. Factum of 2 service of summon or otherwise is indicated in the affidavit filed by the petitioner today. Counsel for the Board was also directed to ensure information of these proceedings to Respondent Nos. 7,8 through the General Manager but he states that General Manager has not reported service information of the present proceeding to Respondent Nos. 7,8. In the circumstances, this writ petition is being heard and disposed of without the benefit of submission of Respondent Nos. 7-9. Considering the nature of the order which this Court is proposing to pass in the matter, it is not necessary to await service of notice of these proceedings on Respondent Nos. 7,8 through the Chief Engineer. 2. Petitioner is the landlord of the premises-in- question which was let out to the Executive Engineer of the Board, Respondent No.5 at the monthly rent of Rs. 2841.30 paise. By the impugned order bearing Memo No. 5316 dated 19.10.2005, Annexure-4 the General Manager-cum-Chief Engineer has directed that Executive Engineer should pay half of the rent of the said premises amounting to Rs. 1558.70 paise to the petitioner and the other half Rs. 641.30 paise each be paid to Respondent Nos. 7,8. 3. It is submitted on behalf of the petitioner that the impugned order, Annexure-4 has been passed in the light of judgment and decree passed in a suit for specific performance bearing Title Suit No. 572/03 filed by Respondent Nos. 7,8 against the son of the petitioner, Respondent No. 9. It is further submitted on behalf of the petitioner that in 3 compliance of the aforesaid judgment and decree the sale deed has not yet been executed by the Court concerned and execution proceeding bearing Execution Case No. 9/04 has been levied in the court of Sub-ordinate Judge-I, Munzaffarpur in which petitioner has filed petition under Order-21, Rule 97 of the Code of Civil Procedure, which is registered as Misc. Case No. 03/05 and is pending. It is submitted on behalf of the petitioner that interest of the petitioner shall be subserved if this Court directs the executing court, namely, Sub-ordinate Judge-I, Munzaffarpur to consider and dispose of the petition filed by the petitioner under Order-21, Rule 97 in the said execution case bearing Misc. Case No. 03/05. 4. Having heard counsel for the petitioner and the counsel for the Board, I direct Subordinate Judge-I, Muzaffarpur to consider the petition of the petitioner filed under Order 21, Rule 97 of the C.P.C. bearing Misc. Case No. 03/05 in the aforesaid execution case no. 09/04 and dispose of the same at the earliest in any case within a period of two months from the date of receipt/production of a copy of this order. It goes without saying that before proceeding to dispose of the Misc. Case the court below will ensure service of the petition on the counsel for Respondent Nos. 7,8. 5. The writ petition is, accordingly, disposed of. P.K.P. ( V.N.Sinha,J.)