1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.8322 OF 2009 IN FIRST APPEAL ST NO.2916 OF 2005 Suleman Kasim Pasha Chisti Applicant V/s The State of Maharashtra and others. Respondents ------------------------------------------------------------------------------------------------------- Shri. K.S. Bhore, Advocate for Applicant. Shri. V. D. Rakh, AGP for the Respondents. _________________________________________________________________ (CORAM : R.K. DESHPANDE, J.) DATE : 5th September, 2009. PER COURT : 1. This is an application by the applicants, who are the original claimants and have filed reference under section 28-A of the Land Acquisition Act, for permission to withdraw the amount of enhanced compensation deposited by the Respondents in this Court as per the order dated 8th August, 2006 passed in Writ Petition No.3592/2006. The copy of which is placed on record and marked as Exhibit `A' to this Civil Application. It was made abundantly clear in the said order that the petitioner in the said Writ Petition who is also applicant in the present Application shall not be permitted to withdraw the amount so deposited by the respondents during the pendency of the First Appeal. It was further 2 made clear that, the entitlement of the petitioners to withdraw the said amount would be subject to the result of the First Appeal pending before this Court. 2. The learned Counsel for the applicant has brought to my notice that, the First Appeal Stamp No.2916/2005 which was filed by the State challenging the enhancement of compensation has been dismissed as this Court refused to condone the delay caused in filing the said First Appeal by an order dated 30th October, 2007 passed on Civil Application No.7733/2006. 3. The aforesaid factual position is not disputed by the Respondents. In view of this undisputed position, the applicants are permitted to withdraw the amount deposited by the respondents in this Court. The Civil Application is thus allowed. (R.K. DESHPANDE) JUDGE GAS/ca.8322.09