1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.7064 OF 2009 WITH FIRST APPEAL NO.1645 OF 2007 Ramhari s/o Baliram Shinde, Age: 55 years, Occ: Agri., R/o. Bharaj, Post Jawalgaon, Tq. Ambajogai,Dist. Beed. .. Applicant Versus The Executive Engineer, Irrigation Division, Ambajogai District Beed and another. .. Respondents ... Mr. Murli Karad, Advocate holding for Mr. V.P. Kadam, Advocate for the applicant. Mrs. Geeta Deshpande, Advocate for respondent No. 1. Mr. M.L. Dharashive, A.G.P. for respondent No.2. ... CORAM : K.K. TATED, J. DATE : 17th JULY, 2009. PER COURT : 1. Heard learned Counsel for the applicant, and for respondent No.1 and learned A.G.P. for respondent No.2. 2 2. Present Civil Application is preferred by the original claimant for withdrawal of Rs. 45,359/- deposited by respondent No. 1 - Acquiring body before the Reference Court in L.A.R. No. 135/1999. Learned Counsel appearing on behalf of the respondent No. 1 Acquiring Body opposed the present Civil Application on the ground that if the amount is allowed to be withdrawn to the applicant - original claimant without furnishing bank guarantee, in that case, their appeal becomes infructuous. 3. In the present case, the respondent No. 1 Acquiring Body acquired 25 Ares land. The claimant claimed compensation @ Rs.2000/- per Are, whereas the Land Acquisition Officer awarded compensation @ Rs.205/- per Are. The Reference Court enhanced the rate of compensation and awarded compensation @ Rs.625/- per Are. 4. Considering the facts in the present case, 3 the applicant - original claimant is allowed to withdraw a sum of Rs.45,359/- deposited by respondent No. 1 before the Reference Court by furnishing surety to the satisfaction of the trial Court except bank guarantee. 5. Civil Application is disposed of accordingly. [ K.K. TATED, J.] sut/JUL09/ca7064.09