skc 1 CAW-1098-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1098 OF 2011 IN WRIT PETITION NO. 1952 OF 2008 Cadbury India Limited & Anr. ..Applicants versus State of Maharashtra & Ors. ..Respondents Mr. Rajiv Singh i/b. Crawford Bayley & Co. for Applicants / Petitioners. Mrs. M. P. Thakur - Assistant Government Pleader for State - Respondents. CORAM : D. D. SINHA AND SMT. V. K. TAHILRAMANI, JJ. 14 October 2011 P.C. : Heard the learned counsel for the applicants and the learned Assistant Government Pleader for the State - respondents. 2. Civil Application No. 1098 of 2011 is filed by the applicants for withdrawal of the amount of Rs.17,00,000/- deposited in this Court pursuant to the Order dated 16th April 2008 passed in disposed of writ petition no. 1952 of 2008. The relevant portion of the Order dated 16th April 2008 is reflected in paragraph 3, which reads thus : "Within a period of four weeks from today, the Petitioners shall file before the Respondent No.3 a return as required by the provisions of the Maharashtra Increase skc 2 CAW-1098-11 of Land Revenue and Special Assessment Act, 1974 regarding their Holdings in the State of Maharashtra right from the year 1974 till 2007-2008, together with any document in support of their claim. The Tehsildar, Thane shall thereafter grant an opportunity of being heard to the Petitioners and determine what was the holding of the Petitioners during the period from 1974-1975 to 2007-2008 and on that basis, as per the provision of the aforesaid act, determine the amount of assessment tax that the Petitioners are liable to pay. The Tehsildar, Thane shall pass a speaking order. The Tehsildar, Thane shall also make an order, depending on the assessment made by the Tehsildar, Thane about disposal of the amount which is being deposited in the court. The Petitioners will be at liberty to adopt appropriate remedy against the order of the Tehsildar, Thane." 3. Counsel for the applicants / petitioners has submitted that pursuant to the said Order, the Tahsildar considered the issue of payment of assessment tax for the concerned year and passed an order dated 28th February 2011 and in last paragraph of the said order has observed thus : "On the basis of Order dated 13/1/2011 passed in Civil Application No. 2847/2010 in Writ Petition No. 1952/2008 by the Hon. High Court, Mumbai, I, Krishna Jadhav, Tahsildar, is passing the following order: 1. 50% additional land revenue is charged out of total skc 3 CAW-1098-11 additional land revenue to M/s. Cadbury (India) Pvt. Ltd. Thane. 2. The order may be conveyed to all concern." 4. Counsel for the petitioners has submitted that pursuant to Order dated 16th April 2008 the petitioners have deposited Rs.17,00,000/- in this Court which was directed to be deposited in a fixed deposit in one of the nationalised bank, may be permitted to be withdrawn with interest thereon, if any. 5. The learned Assistant Government Pleader on the basis of written communication dated 8th September 2011 received from the Tahsildar, Thane, made a categoric statement that the respondent nos. 1, 2 and 3 do not have any objection to permit the petitioners to withdraw the amount of Rs. 17,00,000/- along with interest thereon , if any. 6. In view of the above referred facts particularly in view of the categoric statement made by the learned Assistant Government Pleader on the basis of the written instructions from Tahsildar, Thane, we allow the civil application in terms of prayer clauses (a) and (b). (D. D. SINHA, J.) (SMT. V. K. TAHILRAMANI, J.)