1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4263 OF 2009 Shivaji Namdeo Bawaskar (Deceased) } Through his L.Rs. } 1. Bhivaji Shivaji Bawaskar } Age : 37 Years, Occ. Agriculture, } R/o : Ozarkheda, Tq. Bhusawal, } Dist. : Jalgaon. } 2. Rajendra Shivaji Bawaskar } Age : 33 Years, Occ. Agriculture, } R/o : Ozarkheda, Tq. Bhusawal, } Dist. : Jalgaon. } 3. Sanjay Shivaji Bawaskar } Age : 32 Years, Occ. Agriculture, } R/o : Ozarkheda, Tq. Bhusawal, } Dist. : Jalgaon. } 4. Usha Bhagwat Nikam } Age : 30 Years, Occ. Household, } R/o : Ozarkheda, Tq. Bhusawal, } Dist. : Jalgaon. } .... PETITIONERS V E R S U S The Special Land Acquisition Officer, } M.I.W., Jalgaon. } .... RESPONDENT 2 ------------------------------------------------------------------------------------------------------- Mr. A.B.Kale, Counsel for Petitioner. Smt. S.S. Autade , A.G.P. for State. [ CORAM : K.K.TATED, J. ] DATE : 29/7/2009 ORAL JUDGMENT : 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, this Petition is heard finally at the admission stage. 2. Heard Mr. A.B. Kale, learned counsel appearing on behalf of petitioner and Smt. S.S. Autade, learned A.G.P. appearing on behalf of State. 3. By this petition under Article 227 of the Constitution of India filed by the petitioners/claimants are challenging the Order dated 20/1/2000 passed by the learned 2nd Jt. Civil Judge (Sr.Division), Jalgaon below Exh. 1 in Regular Darkhast No. 25 of 2000. 4. A few facts of the present case are as under . 3 The Special Land Acquisition Officer issued notice under Section 4 of the Land Acquisition Act for acquiring petitioner’s land from village Ozarkheda, Tq. Bhusawal, Dist. Jalgaon for the purpose of Minor Irrigation Tank. After following due process of law, the Special Land Acquisition Officer declared Award dated 25/7/1992 and awarded compensation in respect of acquired land. 5. Being aggrieved by the said Award, the petitioner preferred a Reference and in the said Reference, the Reference Court by Judgment and Award dated 20/4/1989 awarded enhanced compensation. As the Respondent failed to pay said amount, petitioner preferred Regular Darkhast No. 25 of 2000. In the said Regular Darkhast No. 25 of 2000, the respondents deposited sum of Rs. 1,29,052/- (Rupees One Lac Twenty Nine Thousand Fifty Two only) Thereafter the petitioner preferred application for withdrawal of the said amount and the said application was allowed by 2nd Jt. Civil Judge (Sr.Division) on 20/1/2000 on condition to furnish bank guarantee of any Nationalized Bank. The petitioner furnished the bank guarantee and withdrawn Rs. 1,29,052/-. 6. The learned counsel appearing on behalf of petitioner pointed out that the Respondent preferred First Appeal Stamp No. 23448 of 1999 4 against the Judgment and Award dated 20/4/1999 passed by Civil Judge (Sr.Division), Jalgaon . The said First Appeal was dismissed for default on 26/9/2006. As the First Appeal itself is dismissed for default, petitioner is entitled to withdraw the amount unconditionally. 7. Considering these facts, Writ Petition is allowed in terms of prayer clause B and C which reads as under : “ (B) To quash and set aside the order passed by the learned II Jt. Civil Judge (S.D.), Jalgaon dated 20/1/2000 asking for furnishing bank guarantee in Regular Darkhast No. 25 of 2000 respectively and for that purpose issue necessary orders. (C) By issuing appropriate writ, order or directions, the bank guarantee which is furnished by the petitioners in Regular Darkhast No. 25 of 2000 in the court of II Jt. Civil Judge Senior Division, Jalgaon may kindly be ordered to be revoked and or 5 cancelled.” 8. Writ Petition disposed of and Rule is made absolute accordingly. [ K.K. TATED ] JUDGE knp/WP4263.09 6 7 8 9 10 11 12 13 14 15