1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. -------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders |Court’s or Judge’s orders. or directions and Registrar’s orders | CIVIL APPLICATION NO.5971/2008 IN IN FIRST APPEAL ST.NO.9523/2008 AND CIVIL APPLICATION NO.5975/2008 IN F.A.ST.NO.9519/2008 ... Shri S.G.Sangle,Adv.for applicants Shri N.P.Patil Jamalpurkar,Adv.for Respondents. .... CORAM : NARESH H.PATIL & N.D.DESHPANDE,JJ. DATE : 3/5/2010. 1] Heard. 2] Perusal of order dated 13/1/2009 shows that extension of stay was granted by Division Bench on condition that the acquiring body complies with the 2 condition of deposit of 50% of the amount in this Court within 8 weeks from the date of order i.e. 13/1/2009. Surprisingly enough, the State deposited the amount in the trial Court. This fact has been confirmed by both the learned counsel appearing for parties. 3] Shri N.P.Patil, learned counsel submits that the trial Court had even passed orders on the applications filed by the claimants, for withdrawal of amount, therefore, the request of acquiring body to grant stay to execution of order is not sustainable. 4] In respect of appeals filed by present Corporation, we have noticed that after the Corporation obtained stay orders pending herein certain applications, the amount which the Corporation was to deposit in this Court, was not deposited in time. Instead, the State deposited the amount in the executing Court and the said amount was even got withdrawn by the respective claimants. This is a disturbing feature occurred in the matter arising out the land acquisition proceedings. The 3 Officers of the Corporation acquiring body and the State ought to have taken reasonable stand, keeping in view the legality and propriety of the decision to deposit the amount under award in the trial Court when this Court was ceased of the appeal and the acquiring body had obtained interim order of stay. 5] We therefore, direct the Secretary, Ministry of Revenue, Government of Maharashtra, to look into the matter, call explanations of the concerned Officers and issue appropriate instructions, as public money is involved in the process. 6] Shri Sangle, learned counsel submits that he is aggrieved by the order passed by Executing Court, in allowing the claimants to withdraw the amount, while appeals are pending in this Court. 7] The Corporation is entitled to resort to appropriate remedy against the order passed by the Executing Court as permissible in law. Applications are accordingly rejected. 8] The Registrar (Judicial) to forward 4 copy of this order to the Principal District Judge, Latur and the Secretary, Ministry of Revenue, Government of Maharashtra alongwith order passed in Civil Application No.6447/2010 in First Appeal No.312/2009. The Principal District Judge, Latur, shall forward the record concerning order passed on withdrawal applications by Executing Court in all the connected matters, by 30th June 2010. 9] S.O. to 30th June 2010. (N.D.DESHPANDE) (NARESH H. PATIL) JUDGE JUDGE umg/ca5971-08