1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1912 OF 2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. D.R.Jaybhar, Advocate for Petitioner. Mr. P.P. More, A.G.P. for State. .......................... [ CORAM : S.S.SHINDE, J. ] DATE : 01/09/2009. PER COURT : 1. This petition is filed challenging the Order dated 3/11/2008 passed by the Additional District Judge, Beed in L.A.R.D. No. 2 of 2003. 2. The petitioner herein filed application praying therein for withdrawal of amount without deduction of income tax, which is rejected by the Additional District Judge, Beed. 3. Affidavit in reply is filed on behalf of State stating therein that the 2 amount is deducted towards tax in pursuance to the instructions from the Dy. Commissioner of Income Tax, Pune. A letter written by the Dy. Commissioner of Income Tax, Pune to the District Collector, Latur is annexed to the reply filed by the respondent – State. 4. It is not in dispute, in case petitioner is aggrieved by the action of the respondent to deduct the tax on the instructions of the income tax department, remedy lies somewhere else. In view of this position, learned counsel appearing for the petitioner prays that this petition can be disposed of with liberty to the petitioner to file fresh application before the Additional District Judge, Beed praying therein for payment of amount of compensation after deducting tax amount with further liberty to agitate the issue for the deduction of the tax at appropriate forum. The petition is disposed of with liberty to the petitioner to file fresh application before the Additional District Judge, Beed. [ S.S.SHINDE ] JUDGE knp/WP1912.09