(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 8753 of 2009 (In Writ Petition No. 7667 of 2008) 1. Shankarrao s/o. Sidhijivan Deshmukh, Age : 62 years, Occupation : Agriculture, R/o. Ambegaon, Taluka : Nilanga, District : Latur. 2. Shobha w/o. Malikarjun Kudumbale, Age : 48 years, Occupation : Agriculture, .. Applicants R/o. Nilanga, Taluka : Nilanga, (Original District : Latur. petitioners) versus 1. The State of Maharashtra. 2. The Collector, Laltur. 3. The Sub-Divisional Officer, Udgir Division, Udgir, District : Latur. 4. The Director of Marketing, Maharashtra State, Pune. 5. The Agricultural Produce Market Committee, Nilanga, through its Secretary, Nilanga, .. Non-applicants Taluka : Nilanga, (Original District : Latur. respondents) (2) .......................... Mr. S.S. Manale, Advocate, for the applicants. Mr. R.P. Phatke, Additional Government Pleader, for non-applicant nos.1 to 4. Mr. S.M. Vibhute, Advocate, for non-applicant no.5. .......................... CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 18TH SEPTEMBER 2009. COURT'S ORDER : 1. By way of present application, the applicants are seeking permission to withdraw the amounts deposited by the present non- applicant no.5, in Regular Darkhast No. 136/2007 and Regular Darkhast No. 137/2007, pending on the file of the learned Ad hoc Additional District Judge, Latur. 2. In pursuance to the orders passed by this court, dated 13th August 2009, in Writ Petition No. 7667/2008, the amount under the award in Land Acquisition Reference No. 1140/1990 and Land Acquisition Reference No. 1141/1990 has been deposited before the executing court. However, the application filed by the present applicants for withdrawal of the said amount has not been considered by the (3) executing court, on the ground that no specific orders are passed by this court. 3. In the result, the Civil Application is allowed in terms of the following order : Out of the amount deposited by the present non-applicant no.5, fifty percent of it, shall be permitted to be withdrawn by each of the claimants, without furnishing any surety. However, the remaining fifty percent amount shall be permitted to be withdrawn by the claimants on each of them furnishing solvent surety to the satisfaction of the learned Judge of the executing court. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/8753ca