1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR C.A.W.NO.1994 OF 2009 IN W.P.NO.2668 OF 1997 (D). Smt.Archana Dinkarrao Dhanpawade and othes. ..vs.. Ramdas Daulat Gohokar and others. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- C ORAM : C.L.PANGARKAR, J. DATED : 5th November, 2009. Heard Mr.M.B.Badiye, learned counsel for the petitioners, Mr.M.D.Zoting, learned counsel for respondent no.2 and Mr.T.N.Kankale, learned AGP for respondent no.3. The landlord had preferred the writ petition challenging the orders passed by the Sub-divisional Officer as well as the Additional Commissioner. The dispute related to disbursement of the compensation of the land acquired by the Government. The petitioner was claiming to be the landlord of the land acquired while the respondent was claiming to 2 be the tenant. It was the contention of the respondent/tenant that he has been declared as a tenant and certificate has been issued in his favour. The decisions as rendered by the S.D.O. and the Commissioner were challenged before this court. This court has allowed the writ petition and has remitted the matter back to the S.D.O. for fresh decision in the matter. During the pendency of the writ petition, the Government was directed to deposit the compensation payable for acquisition in the court. The said compensation has been deposited and the petitioner seeks to withdraw the same. Respondent opposes the application on the ground that the dispute as regards the entitlement has not been finally decided by the court and as such the amount should not be paid. The dispute relates to the entitlement of the compensation and such entitlement would be decided only when the dispute is finally resolved as to the entitlement by the court. In the circumstances, it would not be appropriate to pay the amount to either party until the decision is rendered in the matter. The amount shall returned 3 by this office to the S.D.O. and S.D.O. shall deposit the same in the Nationalized Bank, the disbursement of which shall be made after the order is passed by the S.D.O. JUDGE. Chute