The State Of Maharashtra Through Its District Collector Ahmednagar And Spl Land Acqu. Officer v. Sunanda Sahebrao Chaudhari And Another

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10161 OF 2018 THE STATE OF MAHARASHTRA

VERSUS

SUNANDA SAHEBRAO CHAUDHARI AND ANOTHER AGP for Petitioner/State : Mr. B.A. Shinde.

CORAM : RAVINDRA V. GHUGE, J.

Dated : 05th September, 2018.

PER COURT :

1.

The petitioner is aggrieved by the order dated 22nd January, 2018, passed by the learned 5th Joint Civil Judge, Senior Division, Ahmednagar.

2.

It is informed that in execution proceedings with regard to grant of compensation for acquisition of lands, the executing Court had directed debiting of the compensation amount from the account of the District Collector, bearing No. 4550200000673 with Manik Chowk, Tulshivishar Building Branch of the Bank of Baroda at Ahmednagar. The said amount was in the account, which was earmarked for the Municipal Council. Yet the executing Court directed deduction of the compensation amount merely because it noticed that a large sum of money is maintained in the account.

3.

Further, grievance is that the petitioner received the compensation amount, specifically granted by the State for disbursement of the compensation. It had sought liberty from the executing Court to deposit the amount in the executing Court, in the earlier cases decided by the Court on 20th August, 2018. The executing Court declined to entertain the application in the execution proceedings which have been disposed of, stating that the petitioner should deposit the amount directly in the Bank. 4.

The learned AGP submits that in a group of few matters, in Writ Petition Nos. 9513/2018 till 9541/2018, in identical set of facts, this Court has passed an order on 20th August, 2018, and has permitted the State authorities to directly deposit the compensation money in the account of the Collector maintained in the Bank of Baroda for the Municipal Council, from where the executing Court had directed to debit the money. Learned AGP submits that normally he would not have raised a grievance about what has already happened. However, he submits that this is happening frequently. The Collector and the State are precluded from utilizing the funds reserved under a particular head in the Bank account, for any other purpose.

5.

Merely because large sums are parked in some Bank accounts, would not vest the jurisdiction in the executing Court to direct deduction from that account for making payment of compensation which would fall under a different account. 6.

Considering the peculiar facts as above and though this Court had passed an order on 20th August, 2018, as noted above, I find it appropriate to dispose of this petition and permit this petitioner to move an application in the Special Darkhast No. 75/2013, whether disposed of or not, for depositing the compensation amount in the executing Court. The executing Court would then pass appropriate order on the said application. Needless to state, the executing Court will permit the petitioners to deposit the amount in the executing Court and then pass an order directing the transmission of that amount from the Court to the above stated account in Bank of Baroda.

7.

I deem it appropriate to bring it to notice of the executing Court that normally orders are not passed for directing the State authorities to withdraw amounts from a particular head maintained in a Bank account for the purpose of utilizing the fund for a different head, like the payment of compensation under the

Land Acquisition Act.

8.

In this view of the matter, the Writ Petition is disposed of. ( RAVINDRA V. GHUGE, J. ) S.P.C.