(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 5336 OF 2009 Kishor s/o. Vijaykumar Dindigave, Age : 16 years (minor), under guardianship of his real mother Meenabai w/o. Vijaykumar Dindigave, through Power of Attorney holder Shri Rajkumar s/o. Vishwanath Dindigave, Age : 35 years, Occupation : Agriculture, R/o. Murum, Taluka : Omerga, District : Osmanabad. .. Petitioner. versus The State of Maharashtra, through Collector, Osmanabad. .. Respondent. .......................... Mr. N.P. Patil Jamalpurkar, Advocate, for the petitioner. Mr. V.G. Shelke, Assistant Government Pleader, for the respondent. .......................... (2) CORAM : B.R. GAVAI, J. DATE : 26TH NOVEMBER 2009. ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present petition, the petitioner challenges the order dated 16th July 2009, passed by the learned Joint Civil Judge (Senior Division), Omerga, below Exhibit 17 in Special Darkhast No. 28/2007, thereby rejecting the application filed by the present petitioner for withdrawal of the amount. 3. The land of the original claimant, Vijaykumar, was acquired by the Collector and an award was passed by the Collector. A further reference was filed in which an enhanced compensation is granted. After the original claimant died, there were two heirs behind him, the present petitioner and his mother Minabai. It appears that an application was filed on behalf of the present petitioner for withdrawal of the amount on the ground that the claimant wanted to purchase house property in the name of minor son. The said application is rejected. Hence, the present petition. 4. The learned Counsel appearing for the petitioner has placed on record, an undertaking filed by Rajkumar s/o. Vishwanath Dindigave, who has filed the present petition as general power attorney of Kishor s/o. (3) Vijaykumar Dindigave i.e. the present petitioner, stating therein that a flat in "Gauri Apartments" situated at Latur is being purchased in the name of the present petitioner (minor). It has also been undertaken that the amount after withdrawal would be utilized only for purchase of the flat at Latur, in the name of Kishor. The said undertaking is taken on record and marked as "X" for identification. 5. In that view of the matter, the petition is allowed. Rule is made absolute in terms of prayer clause "C". There shall be no order as to costs. ( B.R. GAVAI ) JUDGE ......................... bgp/5336wp