R.K. Merathia, J. - (1.) IT is submitted by Mr. Sanjoy Piprawall, learned Counsel appearing for the petitioner that by order dated 25.3.2010 passed in Execution Case No. 8 of 2009 learned Sub -Judge I, Saraikela has ordered the Treasury Officer, Saraikela to stay the Treasury head No. 4700 of the judgment debtor i.e. the State government till further orders and due to such order, the payment of petitioner has been withheld though, petitioner has nothing to do with the said matter. He further submitted that petitioner has already filed a petition on 31.5.2010 being Miscellaneous Petition No. 4 of 2010 in the said Court for passing necessary order/clarifying the said order, so that the petitioner's amount may not be withheld, but no order has been passed thereon as yet.
(2.) LEARNED Advocate General, appearing for the respondent Nos. 1, 3, 4 & 5 submitted that in the absence of instruction and counter affidavit he is not in a position to accept or controvert the submissions made by the petitioner; however if no order has been passed on the said petition filed by the petitioner, the Sub -Judge I, Saraikela may be directed to pass order thereon. It is not necessary to issue notice to respondent No. 2 and asking the State to file counter affidavit as the said petition is to be decided by learned Sub -Judge, Saraikela.
(3.) ACCORDINGLY , Sub -Judge I, Saraikela is directed to dispose of the Miscellaneous Petition No. 4 of 2010 after giving opportunity of hearing to the parties, in accordance with law, as early as possible and preferably within four weeks from the date of receipt/production of certified copy of this order. The parties should cooperate in early disposal of the matter.;