1 WP 4704.2011 - [ J ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4704 OF 2011 Khivraj S/o Sonu Khadke Age : 64 Years, Occ. : Agril. R/o : Vithal Peth, Jalgaon, Tq. & Dist. Jalgaon. .... PETITIONER V E R S U S 1. The State of Maharashtra 2. The Special Land Acquisition Officer Jalgaon, Tq. & Dist. Jalgaon. 3. The Maharashtra Industrial Development Corporation, through its Regional Officer, M.I.D.C., Nashik. .... RESPONDENTS Mr. U.S.Malte, Advocate for the Petitioner. Mr. S.B.Pulkundwar, Asstt.Govt. Pleader for Resp.No.1 Mr. S.S.Dande, Advocate for Resp. No. 2. CORAM :S.V. GANGAPURWALA, J. DATE OF JUDGMENT : 29/08/2011 2 WP 4704.2011 - [ J ] ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, taken up for final hearing. 2. Heard the learned counsel for the respective parties. 3. The petitioner is assailing the Order dated 21/12/2010 passed below Exh. 5 in L.A.R. No. 49 of 1988 directing the petitioner to redeposit the amount of Rs. 6,87,990/- within three ( 3 ) weeks. 4. Mr. Malte, the learned counsel for the petitioner submits that in the earlier proceedings i.e. L.A.R. No. 49 of 1988, the petitioner had submitted the security for an amount of Rs. 6,87,990/- . The Award passed by the Land Acquisition Officer was set aside. It would be inappropriate to direct the petitioner to deposit the said amount received in the Award passed by the Reference Court earlier. 5. Mr. Dande, the learned counsel for the respondent no. 2 submits that the amount requires to be secured. Once, the Award is 3 WP 4704.2011 - [ J ] set aside, the petitioner is not entitled to retain the said amount. As such, he is required to deposit the said amount in the Court. 6. The earlier Award passed by the S.L.A.O. is set aside and a fresh reference has been filed; as such, the amount received by the petitioner is required to be redeposited. 7. With the assistance of the learned counsel for the parties, I have gone through the impugned order. 8. Earlier also, on 08/12/2005 the Civil Judge (Sr.Division), Jalgaon had passed Order as under : “ Petitioner is directed to furnish security for the amount of Rs. 6,81,990/- in the form of personal security of specific immovable property or of solvent surety within period of 15 days from today ”. 9. In view of the above, there was no propriety to pass fresh Order. The end of justice can be sub-served if the petitioner is directed to furnish security for an amount of Rs. 6,87,990/- as was directed vide Order dated 08/12/2005 referred supra. 4 WP 4704.2011 - [ J ] 10. In light of the above, the impugned order is set aside. The petitioner shall furnish the security afresh as directed by the Civil Judge (Sr. Division), Jalgaon by its Order dated 08/12/2005 passed below Exh. 105 in L.A.R. No. 49 of 1988. 11. Rule is made absolute in above terms. No costs. [ S.V. GANGAPURWALA, J.] KNP/WP 4704.2011 - [ J ]