1 WP3376/11 to 3382/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3376 OF 2011 Fatrusab s/o Miyasab Shaikh, Died, through L.R’s Petitioners 1 Khajabee Fatrusab Shaikh, Age Major, Occ. Household 2 Mujeeb Fatrusab Shaikh, Age Major, Occ. Agriculture, Both R/o Ujnani, Taluka Ausa, District Latur 3 Shahin Yusuf Sasture, Age Major, Occupation Household, R/o Osmanabad, Taluka & District Osmanabad 4 Shamshad Rauf Sasture, Age Major, Occ. Household, R/o Ausa, Taluka Ausa, District Latur 5 Yusuf Fatrusab Shaikh, Age Major, Occ. Agriculture, R/o Ujani, Taluka Ausa 6 Nasim Maula Shaikh, Age Major, Occ. Household, R/o Ujed, Taluka Nilanga, District Latur 7 Irfan Fatrusab Shaikh, Age Major, Occ. Agriculture 8 Imran Fatrusab Shaikh, Age Major, Occ. Agriculture 9 Irshad Fatrusab Shaikh, Age Major, Occ. Agriculture Petitioner Nos. 7 to 9 R/o Ujani, Taluka Ausa, District Latur Through Power of Attorney Holder Mujeeb Fatrusab Shaikh, Age 35 years, Occ. Agriculture, R/o Ujani, Taluka Ausa, District Latur V E R S U S 1 The State of Maharashtra, Through District Collector, Latur Respondents 2 Special Land Acquisition Officer, Swarna Project, Latur 3 The Executive Engineer, Upsa Sinchan Osmanabad, District Osmanabad WITH WRIT PETITION NO. 3377 OF 2011 Laxmibai w/o Pandurang Joshi, Age 42 years, Occ. Agriculture, R/o Ujani, Taluka Ausa, District Latur Petitioner V E R S U S 1 The State of Maharashtra, Through District Collector, Latur Respondents 2 WP3376/11 to 3382/11 2 Special Land Acquisition Officer, Swarna Project, Latur 3 The Executive Engineer, Upsa Sinchan Osmanabad, District Osmanabad WITH WRIT PETITION NO. 3378 OF 2011 Rajaram Dadarao Dhavan, Age 72 years, Occ. Agriculture, R/o Ujani, Taluka Ausa, District Latur Petitioner V E R S U S 1 The State of Maharashtra, Through District Collector, Latur Respondents 2 Special Land Acquisition Officer, Swarna Project, Latur 3 The Executive Engineer, Upsa Sinchan Osmanabad, District Osmanabad WITH WRIT PETITION NO. 3379 OF 2011 Kantabai w/o Murlidhar Joshi, Age 62 years, Occ. Agriculture, R/o Ujani, Taluka Ausa, District Latur Petitioner V E R S U S 1 The State of Maharashtra, Through District Collector, Latur Respondents 2 Special Land Acquisition Officer, Swarna Project, Latur 3 The Executive Engineer, Upsa Sinchan Osmanabad, District Osmanabad WITH WRIT PETITION NO. 3380 OF 2011 Mahadeo s/o Shrirang Jadhav, Age 72 years, Occ. Agriculture, R/o Ujani, Taluka Ausa, District Latur Petitioner V E R S U S 1 The State of Maharashtra, Through District Collector, Latur Respondents 2 Special Land Acquisition Officer, Swarna Project, Latur 3 The Executive Engineer, Upsa Sinchan Osmanabad, District Osmanabad 3 WP3376/11 to 3382/11 WITH WRIT PETITION NO. 3381 OF 2011 Ramkrishna s/o Bansilal Tapdia, Age 42 years, Occ. Agriculture, R/o Ujani, Taluka Ausa, District Latur Petitioner V E R S U S 1 The State of Maharashtra, Through District Collector, Latur Respondents 2 Special Land Acquisition Officer, Swarna Project, Latur 3 The Executive Engineer, Upsa Sinchan Osmanabad, District Osmanabad WITH WRIT PETITION NO. 3382 OF 2011 Gopal s/o Murlidhar Joshi, Age 34 years, Occ. Agriculture, R/o Ujani, Taluka Ausa, District Latur Petitioner V E R S U S 1 The State of Maharashtra, Through District Collector, Latur Respondents 2 Special Land Acquisition Officer, Swarna Project, Latur 3 The Executive Engineer, Upsa Sinchan Osmanabad, District Osmanabad Mr. S.S. Manale, Advocate for the petitioners in all petitions Smt. R.K. Ladda, AGP for respondent Nos. 1 & 2 in all petitions Mr. R.D. Biradar, Advocate for respondent No. 3 in all petitions CORAM : A.V. NIRGUDE, J. DATED : 15th July, 2011 ORAL JUDGMENT : 1. Heard. 2. Rule. Rule made returnable forthwith. By consent of parties, these petitions are taken up for final hearing. 3. The respondents Advocate conceded that the order passed by this Court on 23rd November, 2010 was an order of conditional stay to the execution of the Award. The respondents were directed to deposit the 4 WP3376/11 to 3382/11 Award amount in full in the lower Court within 12 weeks, and, on such condition, the stay to the execution to the Award was granted. Admittedly, the Award amount was not deposited as per the direction of this Court, so there is no stay operating against the execution of the Award. In the meantime, the respondents deposited the Award amount in the Court. The same can therefore be handed over to the petitioners. The learned Judge of the lower Court erred in not interpreting the order of this Court correctly. ORDER The writ petitions are allowed. The impugned order of the learned Judge of the lower Court dated 15th April, 2011 on application (Exh.10) in R.D. (L.A.R.) No. 130 of 2009 is set aside. The amount deposited by the respondents in the lower Court shall be handed over to the petitioners subject to outcome of appeals pending before this Court. The petitioners shall file an individual undertakings to this Court that they would refund the amount if the Award is set aside. In above terms, rule is made absolute. ( A.V. NIRGUDE, J. ) SRM/wp/3376/11/to/3382/11/15/7/11