1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A.F. NO.2433/2011 AND C.A.F. NO.2647/2011 IN F.A. NO. 343/2011 [The Maharashtra Industrial Development Corporation .vrs. Bhaskar Narayanrao Makde and others] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Shri M.M. Agnihotri, Advocate for appellant, Shri P.A. Abhyankar, Advocate for respondent no.1, Shri Shyam Ahirkar, AGP for respondent nos.2 and 3, Shri Abhay Sambre, Advocate for intervenor. .......... CORAM : B.P. DHARMADHIKARI AND P.D. KODE, JJ. DATE : NOVEMBER 21, 2011. Heard. Applicants, who claimed to be the legal heirs of Bhaskarrao, are claiming entitlement to & leave to withdraw the amount of compensation. Bhaskarrao is disputing this. He has filed applications seeking leave to withdraw the amount deposited by the acquiring authority. Records show that Bhaskarrao’s interest in land acquisition proceedings were taken care of by his son Yogesh because of power of attorney executed in his favour. We, 2 therefore, find that some disputed question arise. In any case looking to the fact that the proceeding arise out of reference u/s 18 of the Land Acquisition Act, dispute of present in nature cannot be resolved in this jurisdiction. We, therefore, permit applicants i.e. legal heirs of Bhaskarrao to file appropriate civil proceeding. Shri Sambre submits that proceeding will be filed within a period of two months. Shri Abhyankar opposing grant of any such right. However, in the interest of justice, we permit the applicants time of two months to file civil suit. Till then, the amount of compensation deposited in this court shall not be allowed to be withdrawn, except to the extent below. Shri Abhayankar states that without prejudice to the rights of Bhaskarrao to oppose civil suit and in this situation, Bhaskarrao should be permitted to withdraw his presumed share for the present accepting the contention that applicants have some share in the amount of compensation. Shri Sambre has no objection for such withdrawal. Accordingly, as per Advocate Sambre and Advocate Abhayankar, if share of Bhaskarrao is required to be worked out, the same is 1/5th. Hence, out of total compensation amount in deposit with 3 interest accrued upon it, Bhaskarrao is permitted to withdraw 1/5th amount. Remaining amount shall not be withdrawn until further orders of this court in the matter. Withdrawal by Bhaskarrao shall be subject to furnishing security to the satisfaction of the Registrar (Judicial) of this Court and also an undertaking that in case he is required to refund the amount, the same shall be refunded within a period of six weeks after adjudication by this court with such interest as this court may then direct. It is made clear that withdrawal of 1/5th amount of Bhaskarrao does not in any way affect his contention and prejudice his rights. Both the civil applications stand disposed of. JUDGE JUDGE Gulande