1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 393 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 393 OF 2011 *** 1. Heard Advocate Shri Palwe for Petitioner/ land owner and learned A.G.P. for Respondent/ State of Maharashtra. 2. The petitioners has filed Special Darkhast No.110 of 2002 for recovery of compensation amount of their lands acquired by Respondent State Government. In that special Darkhast, the amount of Rs. 14,45,043/- came to be deposited and petitioners sought its withdrawal. The executing Court has, by impugned order 19th June, 2010 permitted withdrawal of 75 per cent of that amount on furnishing bank guarantee of nationalised bank against the same. The remaining 25 per cent amount is directed to be deposited in Fixed Deposit with any nationalised bank. Petition is directed against that order. Advocate Shri Palwe states that first appeal filed by 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 393 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Respondent/ State in the matter vide First Appeal St. No.15847 of 2003 has not been entertained by this Court on 18th October, 2007. 3. Learned A.G.P. states that Civil Application No.12098 of 2005 was filed seeking condonation of delay in filing the above appeal and this Court has not condoned that delay and, therefore, the appeal came to be rejected. 4. Advocate Shri Palway invites attention to orders passed in that matter by this Court, to urge that this Court, before refusing to condone delay, has also looked into the merits of the controversy. It is not necessary for this Court to go into more details. The first appeal filed by the Stage Government is already rejected by this Court and hence insistence of trial Court on furnishing bank guarantee or permitting only part of amount to be withdrawn cannot be 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 393 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. sustained. The said order dated 19th June, 2010 passed by Civil Judge, Senior Division, Ahmednagar below Exhibit-30 in Special Darkhast No.110 of 2002 is, therefore, quashed and set aside. Prayers made in Application Exhibit-31 are granted. Writ petition is accordingly allowed. No costs. [B.P.DHARMADHIKARI, J.] Dated:09/02/2011. ans/393