1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4241 OF 2009 Dnyaneshwar Pundlik Kalbaile } Age : 52 Years, Occ. : Agriculture, } R/o : Khadgaon, Tq. : Jamner, } Dist. : Jalgaon. } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through the Special Land } Acquisition Officer, } U.T.P.H., Jalgaon. } } 2. The Executive Engineer } Waghur Project Division, } Jalgaon. } .... RESPONDENTS Mr. A.B.Kale, Counsel for Petitioner. Smt. S.S.Autade, A.G.P. for State. 2 [ CORAM : K.K.TATED, J. ] DATE : 29/7/2009 ORAL JUDGMENT : 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, this Petition is heard finally at the admission stage. 2. Heard Mr. A.B. Kale, learned counsel appearing on behalf of petitioner and Smt. S.S. Autade, learned A.G.P. appearing on behalf of State. 3. By this petition under Article 227 of the Constitution of India filed by the petitioner/claimant is challenging the Order dated 6/4/2009 passed by the learned Jt. Civil Judge (Sr.Division), Jalgaon asking the petitioners/original claimants for furnishing bank guarantee in Regular Darkhast No. 348 of 2006. 4. A few facts of the present case are as under . The Special Land Acquisition Officer issued notice 3 under Section 4 of the Land Acquisition Act on 22/11/1997 for acquiring petitioner’s land for public purpose. After following due process of law, the Special Land Acquisition Officer declared Award dated 20/11/2000 and granted compensation. 5. Being aggrieved by the said Award, the petitioner preferred a Reference and in the said Reference, the Reference Court by Judgment and Award dated 18/8/2005 awarded enhanced compensation. It is the case of the petitioner that in spite of the Judgment and Order passed by the Reference Court, the respondent failed to pay and/or deposit enhanced compensation and, therefore, the petitioner preferred Regular Darkhast No. 348 of 2006. In the said Darkhast, the respondent – State deposited a sum of Rs. 20,99,484/- (Rupees Twenty Lacs Ninety Nine Thousand Four Hundred Four only) on 21/3/2009. When the petitioner filed application for withdrawal of the said amount, the trial Court by order dated 6/4/2009 allowed the petitioner to withdraw a sum of Rs. 20,99,484/- (Rupees Twenty Lacs Ninety Nine Thousand Four Hundred Four only) on furnishing bank guarantee of any Nationalized Bank in the like amount. Pursuant to the said 4 order, the petitioner furnished bank guarantee and withdrew the said amount. 6. At the time of passing impugned order dated 6/4/2009, the Reference Court relied on the statement made by concerned A.G.P. that the proposal to prefer Appeal is forwarded to the Law and Judiciary Department, Aurangabad and thereafter they preferred Appeal in this High Court and same is pending. The learned counsel appearing on behalf of petitioner placed on record a copy of Order dated 21/10/2008 passed in Civil Application No. 4384 of 2008. By this Order dated 21/10/2008, the High Court dismissed Civil Application preferred by the respondent for condonation of delay in filing First Appeal against the Judgment and Award passed by the Reference Court dated 18/8/2005. 7. In view of dismissal of Civil Application No. 4384 of 2008, a petition preferred by petitioner is allowed in terms of prayer clause B and C, which reads as under : “ (B) To quash and set aside the order passed by the learned Joint Civil Judge (Senior Division), 5 Jalgaon dated 6/4/2009 asking for furnishing bank guarantee in Regular Darkhast No. 348 of 2006 and for that purpose issue necessary orders. (C) By issuing appropriate Writ, Order or directions the bank guarantee which is at Exh. ‘ B ’ of this petition furnished by the petitioner in Regular Darkhast No. 348 of 2006 in the Court of Joint Civil Judge, Senior Division, Jalgaon may kindly be order to be revoked and or cancelled. ” 8. A copy of Civil Application No. 4384 of 2008 is taken on record and marked as EXH. ‘ X ’ for identification. No order as to costs. Rule is made absolute accordingly. [ K.K.TATED ] JUDGE knp/WP4241.09 6 7 8 9 10 11 12 13 14 15 16