1 ca6656.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6656 OF 2010 IN FIRST APPEAL NO.241 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mrs. Anjali Dube Bajpai, Advocate for applicant. Mr. S.B. Kadu, Advocate h/f Mr. V.D. Hon, Advocate for respondent No.1. Mr. K.M. Suryawanshi, AGP for State. CORAM : K. K. TATED, J. DATE : 14TH DECEMBER, 2010. PER COURT : . Heard learned Counsel for the parties. 2. Present Civil Application is preferred by the original claimant for withdrawal of sum of Rs.1,00,000/- deposited by respondent No.1 in Executing Court pursuant to order dated 02-02-2010 passed by this Court in C.A. No.1496/2010. 2 ca6656.10 3. The learned Counsel appearing on behalf of respondent No.1 seeks some time to file affidavit in reply to oppose the present Civil Application. The learned Counsel appearing on behalf of the applicant opposed to the said request on the ground that on 06-05-2010 time was granted to the respondents. 4. In the present case, the S.L.A.O. issued notification under Section 4 of the Land Acquisition Act for acquiring the applicant's land. After following due process of land, the S.L.A.O. passed award dated 19-09-1996. Being aggrieved by the said award, the applicant - original claimant preferred Reference under Section 18 of the Land Acquisition Act and in the said Reference, the Reference Court awarded compensation of Rs.1,94,350/- to the applicant alongwith statutory benefit as per amended provisions of the Land Acquisition Act. 5. Said award of the Reference Court is challenged by the acquiring body - respondent No.1 in this Court. By order dated 02-02-2010 this Court (Coram : K.U. Chandiwal, J.) C.A. No.1496/2010 directed 3 ca6656.10 respondent No.1 to deposit sum of Rs.1,00,000/- (Rs. One lac) with Executing Court. 6. Considering the submission made by the learned Counsel appearing on behalf of the applicant and averments in the Civil Application, Civil Application is allowed in terms of prayer clause (B), which reads as under. "(B) The Applicant may kindly be permitted to withdraw the amount of Rs.1,00,000/- (Rs. One Lac only) deposited by the present Non-Applicant No.1 with the Executing Court in pursuant to Order dated 02/02/2010 passed by this Hon'ble High Court in Civil Application No.1496/2010 in First Appeal No.241/2010 without any bank guarantee." 7. Civil Application is disposed of accordingly. [ K. K. TATED, J.] sut/DEC10/ca6656.10