1 WP 7628.2011 - [ J ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 7628 OF 2011 Jagannath S/o Kalu Gavate Since deceased – through his L.Rs. : 1) Smt. Vatsalabai Jagannath Gavate Age : 60 Yrs., Occ. Agriculture, R/o : Khede, Tq. & Dist. Dhule. 2) Harshal S/o Jagannath Gavate Age : 27 Yrs., Occ. Agriculture, R/o : Khede, Tq. & Dist. Dhule. 3) Sau. Rekha W/o Kishor Naik Age : 30 Yrs., Occ. Agriculture, R/o : Khede, Tq. & Dist. Dhule. 4) Sau. Bharti W/o Manoj Naik Age : 38 Yrs., Occ. Agriculture, R/o : Khede, Tq. & Dist. Dhule. .... PETITIONERS V E R S U S 1. The State of Maharashtra Through Special Land Acquisition Officer ( Medium Irrigation Project), Dhule. 2. The Executive Engineer Minor Irrigation Division, Sinchan Bhavan, Sakri Road, Dhule, Tq. & Dist. Dhule. .... RESPONDENTS 2 WP 7628.2011 - [ J ] Mr. C.R.Deshpande, Advocate for the petitioners. Mr. P.P.More, Asstt. Govt. Pleader for State. Mrs. Vaishali Patil, Advocate for Resp. No. 2. CORAM : S.V.GANGAPURWALA, J. DATE OF JUDGMENT : 19/10/2011 ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel, taken up for final hearing. 2. The Reference filed by the petitioners U/s 18 of the Land Acquisition Act [ For short, ‘ L.A. Act ’ ] came to be allowed. Thereafter, the execution proceedings were filed. The acquiring body deposited the amount of Rs. 19,62,541/-. The petitioners prayed for withdrawal of the said amount. The Executing Court allowed the prayer of the petitioners for withdrawal of the amount except Rs. 6,00,000/-. The Executing Court directed the amount of Rs. 6,00,000/- to be kept in Fixed Deposit in any Nationalized bank for seven ( 7 ) years on the ground that the acquiring body or the State is likely to file the Appeal. The same is assailed in the present Writ Petition. 3 WP 7628.2011 - [ J ] 3. The fact that the Award of the enhanced amount is passed by the Reference Court is not disputed. It is also not disputed that no stay has been granted to the said Award by any Court. Mrs. Vaishali Patil, the learned counsel for respondent no. 2 submits that as yet no Appeal has been filed by the acquiring body. Even the State has not filed Appeal. The Executing Court has no jurisdiction to put such condition on the claimants. In view of that, the impugned order to the extent it directs the amount of Rs. 6,00,000/- to be kept in Fixed deposit is quashed and set aside. The petitioners shall be entitled to withdraw the said amount. 4. Rule is made absolute in above terms. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP WP 7628.2011 - [ J ]