1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6983 OF 2011 Antonio B. Desouza ...Petitioner Versus Special Land Acquisition Officer ...Respondent Mr.Mandar Limaye for the Petitioner Ms.M.S.Bane AGP for Respondent No.1 Mr.S.M.Railkar for Intervenor CORAM:- R.Y.GANOO, J. DATED:- 11th OCTOBER, 2011. P.C. 1. Rule. 2. Rule made returnable forthwith. 3. Learned Advocate Mrs.M.S.Bane appears on behalf of the respondent no.1. By consent petition is taken up for hearing. 4. The petitioner is entitled for compensation on account of acquisition 2 of his land. He has filed Special Darkshat No.48 of 2004. The 2nd Joint Civil Judge, Senior Division, Alibag, District Raigad has passed an order that the amount deposited in the Court be collected by the petitioner alongwith the interest, by demand draft, by confirming his identity and by giving bank guarantee in respect of the entire amount. This order is challenged in this petition. I have heard learned Advocates on both sides. It is observed that there is some dispute as to who will represent the petitioner before the learned Judge who is required to pass the order regarding payment of the monies. As of today, Mr. V.K.Joshi, is acting as the Power of Attorney of the petitioner and this fact is confirmed by the learned Advocate for the petitioner across the bar. Since petitioner is entitled to the amount, it would be convenient to direct the said court to pay the amount to the petitioner by depositing the said amount in the account of the petitioner so that there is no question as to who shall receive the Demand Draft or whether the said Demand Draft would be properly deposited in the account of the petitioner. To that extent, I am inclined to pass an order while disposing of this petition. 5. So far as furnishing of bank guarantee, I am inclined to observe that 3 the petitioner can withdraw the amount lying in the Court on furnishing bank guarantee to the extent of 50% of the amount payable to the petitioner. The said bank guarantee should be of a nationalized bank and that the petitioner shall give undertaking to the court that the said bank guarantee shall be kept alive till the disposal of the proceed in the first appeal which is filed by the State Government. 6. For the reasons mentioned aforesaid, following order is passed to dispose of this petition. ORDER i) Order dated 12.7.2008 passed by the learned 2nd Joint Civil Judge, Senior Division, Alibag, District Raigad below Exhibit 26-D in Special Darkhast No.48 of 2004 is set aside. ii) The said Court shall pay to the petitioner the amount payable to the petitioner as set out in the order dated 12.7.2011 by deposing the said amount in the bank account of the petitioner. Iii) The petitioner shall file pursis before the said Court 4 mentioning therein the Bank Account to which the amount shall be credited. In order to get the aforesaid amount the petitioner shall furnish bank guarantee of a nationalized bank to the extent of 50% of the amount receivable by the petitioners as per the order dated 12.7.2011. The petitioner will be free to approach the court through proper Power of Attorney or by himself. iv) At this stage, it is required to be mentioned that Mr.Arun K. Joshi wanted to intervene in this petition by contending that he is the Constituted Attorney of the petitioner. In my view, looking to the nature of the order which is required to be passed, intervention of said Arun K. Joshi is not required to be granted as the amount is being credited to the account maintained by the petitioner. (R.Y.GANOO, J.)