ca16668.10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.16668 OF 2010 IN FIRST APPEAL NO.2200 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.Vijay Patil Advocate for Applicants. Shri.V.D. Rakh, A.G.P. for Respondents. .... CORAM: NARESH H. PATIL & SHRIHARI P. DAVARE, JJ. DATE : 22ND DECEMBER, 2010. 1. Heard learned counsel for the parties. Perused the impugned Judgment passed by the Reference Court. Considered the submissions advanced. 2. It is contended that 9 Hector 65 Are Bagayat land and 2 Hector 03 Are Potkharab land of the Applicant claimant was acquired for minor irrigation tank. Section 4 notification was issued on 26th August, 1999. The award was passed by the Special Land Acquisition Officer ca16668.10 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders on 17th August, 2001. The Applicant claimant preferred Reference under Section 18 of the Land Acquisition Act before the Reference Court. The Reference was accordingly answered by the Civil Court, Jalgaon by Judgment and Order dated 29th November, 2008. 3. The learned A.G.P. on instructions, submits that entire amount under the Award has been deposited in the trial Court. Considering the submissions advanced in respect of the withdrawal of the amount as prayed by the Applicant claimant, we pass following order: A) The Applicants/claimants are entitled to withdraw 50% of the amount deposited by the State in the trial Court, without furnishing any surety. B) The Applicants/ Claimants are entitled to withdraw 25% of the amount deposited, by ca16668.10 3 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders furnishing bank guarantee in the like amount of the Nationalized Bank to the satisfaction of the trial Court. C) Rest of the amount shall be deposited in Fixed Deposit Scheme of the Nationalized Bank by the trial Court/ Executing Court pending hearing and final disposal of the Appeal. D) Withdrawal of the amount would be subject to the final outcome of the Appeal. E) It is made clear that legal heirs of Respondent/claimant Pundlik Shankar Choudhari as reflected in the proceedings of the Appeal, are entitled to withdraw the amount as mentioned above. [SHRIHARI P. DAVARE,J.] [NARESH H.PATIL,J.] asb/DEC10/ca16668.10