1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Civil Application No. 1330 of 2009 In Writ Petition No. 4994 of 2008 (D) M/s G,T.N. v. ZP and ors -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr V.A. Dhabe,Adv for applicant/R-4 Mr K.H. Deshpande, Sr.Adv for petitioner Mr A.S. Fulzele, AGP for R-2 & 3 Coram: D.D. Sinha and A.P. Bhangale, JJ Dated : 6th July 2009 1. Heard Mr V.A. Dhabe, learned counsel for applicant/ respondent no.4; Mr K.H. Deshpande, learned Sr. Advocate for petitioner and Mr A.S. Fulzele, learned AGP for respondents no. 2 and 3. 2. Civil Application No. 1330 of 2009 is moved by original respondent no.4 Gram Panchayat for not to permit the petitioner to withdraw Rs. 17,35,100/- in view of order dated 1st July 2009 since the second appeal filed by respondent no. 4 through the proper channel against the order dated 20.6.2009 passed by the Standing Committee is pending before the State Government. Mr Dhabe, 2 therefore, contended that permission to withdraw the said amount granted by this Court may not be given effect to till the appeal is finally decided by the State Government/Competent Authority one way or the other. 3. Mr K.H. Deshpande, learned Sr. Advocate has submitted that since the permission is already granted by this Court giving reasoned order dated 1.7.2009, effect and operation of the said order may not be stayed. 4. Be that as it may, all these applications are being moved by the petitioner-applicants in a disposed of writ petition and indulgence was shown by this Court since the proceedings were pending before various authorities and, therefore, respondent no. 4 Gram Panchayat was not permitted to withdraw the amount of Rs. 17,35,100/- during the pendency of this writ petition. However, on the last occasion, learned senior Advocate has brought to our notice that the proceedings are finally terminated by the Standing Committee and, therefore, this Court permitted the petitioner to withdraw the said amount subject to furnishing bank guarantee of the said amount. However, Mr Dhabe, learned counsel for respondent no. 4 has brought to our notice that the proceedings against the order passed by the Standing Committee are pending before the State Government and, therefore, moved the present civil application. These facts are not in dispute. In the circumstances, we dispose of the civil application by passing following order. 3 5. Order dated 1.7.2009 is hereby revoked. The State Government/Competent Authorities to decide the issue finally and till such time, amount of Rs. 17,35,100/- shall not be permitted to be withdrawn either by petitioner or by respondent no. 4 and eligibility to withdraw the amount would depend upon final outcome of the proceedings which are pending before the Competent Authorities. With these observations, civil application is disposed of. Judge. Judge. hsj 4