IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4244 of 2009 MAHANTH DEVENDRA PD.ACHARYA,Chela of late Guru Bishwanath Prasad Acharya, resident of Village Janki Sthan P.S.Basso Patti District Madhubani. Versus 1.THE STATE OF BIHAR through the Chief Secretary,Government of Bihar. 2.The Collector,Madhubani. 3.State Bank of India through the Branch Manager,Madhubani. ----------- 2 15.4.2009. Heard counsel for the petitioner, the State Bank of India and the counsel for the State. Prayer of the petitioner is that a direction be issued to the Special Land Acquisition Judge,1st Madhubani to allow him to withdraw the amount deposited in the State Bank of India Account No.01190029615 of Madhubani Branch, as the money has been deposited in respect of part of the decreetal amount in terms of order passed in Execution case no.02 of 1991. Petitioner is the decree holder and as per the direction of the Executing court State of Bihar has deposited a sum of Rs.16,28,592/- in his bank account which is the compensation amount in respect of the land acquired in land acquisition case no.16 of 1990. It transpires that except the petitioner there is no other claimant. State has also not raised any objection, but the petitioner is being restrained from withdrawing the amount on this ground that unless he furnishes original document before the executing court withdrawal will not be allowed. Decreetal amount is petitioners money and unless there is any order of the superior court restraining its payment to the 2 petitioner, there is no valid reason for not allowing him to withdraw the amount. Accordingly the Land Acquisition Judge. 1st Madhubani is directed to allow the petitioner for operating his bank account of State Bank of India, Madhubani. The direction must be issued forthwith. This application is allowed. Sss/- (Mridula Mishra, J)