1 CA 11981/11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.11981 OF 2011 ,In WP/8277/2010 MIR ALAM KHAN S/O KALANDAR KHAN THR GPA SHAHANAWAZ KHAN MIR ALAM KHAN VERSUS THE STATE OF MAHARASHTRA AND ORS ... Advocate for Applicant/Petitioner : Mr. NP Patil Jamalpurkar Mr.KG Ghute-Paitl, AGP for Respondents: ***** CORAM : K.U.CHANDIWAL, J. DATE : 9th DECEMBER, 2011. PER COURT : 1) Heard Mr.Jamalpurkar-Patil for the applicant/petitioner and learned AGP for Respondents. 2) The grievance of the petitioner is, in spite of the orders from quasi-judicial authority, recorded in 1964, the petitioner could not receive possession of the property held by him, nor compensation thereof. The Division Bench of this Court by order dated 16.3.2005 in Writ petition No.1167/2003 conferred entitlement of the petitioner for compensation of the land. The Collector has determined the compensation by order dated 20th January, 2010. Contempt proceedings were initiated. Now, Government has deposited the amount of compensation, as determined by the Collector in this Court. 2 CA 11981/11 3) The petitioner has ultimately urged to release the amount of Rs.86,18,830/- deposited by Respondent Nos. 1 to 3, the State authorities. 4) Learned AGP submits that certain lands pointed at para Nos.4 and 5 of Affidavit in reply of the affiant - Smt. Shobha Raut, illustrate the correct position. According to learned AGP, at the most, compensation that would be determined for the lands referred therein, would be Rs.49,45,050/-. This was in respect of the property situated at Chincholi and Wasa and survey numbers referred are 16/s, 51(6 Ane), 52 (8 Ane), 96, 170 and 202. Mr.Jamalpurkar has disputed this position, as according to him, this is contrary to the directions in the writ petition recorded by the Division Bench. 5) At this stage of the matter, without entering into the controversy agitated by State or by the claims asserted by the applicant/petitioner, from the deposited amount, following amount be paid to the petitioner/applicant on conditions: (a) Rs.50,00,000/- (Rupees fifty lakhs) be paid to the petitioner/applicant on his furnishing solvent surety to the satisfaction of learned Registrar of this Court. The Solvent surety also to indicate that the petitioner shall reimburse the amount, if he faced brunt of orders in Writ Petition No.8277/2010 6) Balance amount be invested in Fixed Deposit in a nationalized bank. 3 CA 11981/11 7) Hearing of the writ petition no. 8277 of 2010 is expedited. 8) Civil Application is allowed to the extent as above. (K.U.CHANDIWAL) JUDGE bdv/