1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION No.1106/2010 (Laxman Sakharam Kokkar Vs. The State of Maharashtra and Anr.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SK Rahane, Adv. for petitioner; Mr.VG Shelke, AGP for Respondents. *** CORAM : K.U.CHANDIWAL ,J. DATE : 11th October, 2010. ... 1) Heard extensively. 2) The unfortunate landlord, having lost his agricultural field in acquisition proceedings, is wandering for fruits thereof. He filed Special Darkhast No. 30/2005 for recovery against the State, as the earlier learned Judge did not entertain the same by passing the order below Exhibit-1, 54 and 55 dated 29.12.2009, which is subject of challenge. 3) Learned AGP informs, an amount of Rs. 4,10,813/- is already deposited by the State, payable to the decree holder, the writ petitioner. The State has no objection to release it to the petitioner. 4) Considering the stand taken by the 2 State, the calculations carried by the learned Judge in paragraph 6 of the order, while rejecting the contentions of the decree holder, the writ petitioner, are uncalled for. It was not open to be so done while executing the decree. The order under challenge is, therefore, set aside. The amount, to which the decree holder petitioner is entitled, as has been deposited by the State referred above, be paid over with accrued interst to the decree holder/petitioner. 5) Writ Petition is allowed in aforesaid terms. No costs. (K.U.CHANDIWAL) JUDGE bdv/