Bombay High Court
Vilas Madhukarrao Gawande vs The Collector, Yavatmal And ... on 23 March, 2022
Bench: Manish Pitale
1 902 caw 619.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CIVIL APPLICATION (CAW) NO. 619 OF 2022 IN
WRIT PETITION NO. 3198 OF 2021
Vilas Madhukarrao Gawande
..VS..
The Collector, Yavatmal and ors.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri P.S. Khubalkar, Advocate for the petitioner.
Shri Dubey, A.G.P. for respondent nos. 1 and 2.
Shri M.G. Sarda, Advocate for respondent no. 3/applicant.
CORAM : MANISH PITALE, J.
DATED : 23/03/2022.
By this application, the applicant/original
respondent no. 3 is seeking specific direction to be issued to
respondent 2 i.e. the Land Acquisition Officer, Yavatmal.
2. The Writ Petition concerned the entitlement of
the petitioner and respondent no. 3, to the amount of
compensation determined by the acquisition of land. The
amount of compensation stood disbursed to respondent no. 3,
which was transferred into the accounts of his wife and
daughter.
3. The Writ Petition was eventually disposed of vide
judgment and order dated 18.02.2022, whereby the
respondent-authority was directed to refer the dispute
pertaining to disbursal of compensation to the competent
Civil Court and a specific direction was given to the
respondent no. 3 to furnish bank guarantee to the tune of
50% of the amount of compensation received, before the said
Civil Court.
4. It appears that respondent no. 2 has frozen the
2 902 caw 619.2022
bank accounts of wife and daughter of respondent no.3,
during the pendency of the Writ Petition. In this backdrop,
the applicant/respondent no. 3 is seeking specific direction to
respondent no. 2 to release the accounts of the wife and
daughter of the respondent no. 3, with the IndusInd Bank.
5. In view of the direction given by of this Court
while disposing of the Writ Petition, it is obvious that unless
the accounts of the wife and daughter of respondent no. 3,
are allowed to be operated, it would be difficult for
respondent no. 3 to furnish bank guarantee to the tune of
50% of the compensation amount received.
6. Hence, the application deserves to be allowed
with specific observation. In view of the above, respondent
no. 2 is directed to defreeze / release the accounts of the wife
and daughter of the respondent no. 3 in the IndusInd Bank,
so as to facilitate the respondent no. 3 to abide by direction
given by this Court in paragraph 10 of the judgment and
order dated 18.02.2022 passed in Writ Petition No. 3198 of
2021, to furnish bank guarantee to the tune of the 50% of the
compensation amount received and solvent surety for the rest
of the amount before the competent Civil Court. It is made
clear that the present application is being allowed, so as to
facilitate respondent no. 3 to abide by the specific direction,
given by this Court.
7. The application stands disposed of.
JUDGE
Trupti
TRUPTI SANTOSHJI AGRAWAL
24.03.2022 17:45
