Ashis Kumar Chakraborty, J. - (1.) IN this revisional application the petitioner challenges Order No. 87 dated 11th April, 2013 passed by the Ld. District Judge, Purba Medinipur in Judicial Misc. Case No. 26 of 2012 arising out of an application under Section 47 of the Code of Civil Procedure in Money Execution Case No. 2 of 2010. By the impugned order the Ld. District Judge rejected the petitioner's application for dismissal of the execution case instituted by the opposite parties/decree holders.
(2.) A notification dated 6th March, 1998 was published under Section 4(1) of the Land Acquisition Act, 1894, for acquisition of 0.20 acres of land in Mouja Garmoyna and Mouja Anandapur in the district of the then Medinipur. The said publication in the Official Gazette was for acquisition of land for construction of Paramanandapur Pingla ODR Road. Out of the aforesaid 0.20 acres of land, a part of the land belonged to the opposite parties. The dispute between the parties is as regards the quantum of land owned by the opposite parties. On 9th July, 1998 the opposite party No. 1 submitted an objection under Section 5A of the Land Acquisition Act, 1894 wherein the said opposite party claimed to be the owner of 10.50 decimals of land out of the total land proposed to be acquired. Such objection was rejected by the authority concerned on 8th November, 1998.
(3.) ON 29th July, 1999 declaration under Section 6 of the Land Acquisition Act, 1894 was published in the official gazette acquiring the aforesaid 0.20 acres of land. On 28th July, 1999 the opposite party No. 1 filed a written objection claiming, inter alia, that the total area owned by him is 10.50 decimals out of the acquired 0.20 acres.;