(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 7143 OF 2009 Uttam Bhau Kadam, Age : 60 years, Occupation : Agriculture, R/o. Kusadgaon, Taluka : Jamkhed, District : Ahmednagar. .. Petitioner. versus The State of Maharashtra, Through Collector, Ahmednagar. .. Respondent. .......................... Mr. N.V. Gaware, Advocate, for the petitioner. Smt. S.D. Shelke, Assistant Government Pleader, for the respondent. .......................... W I T H (2) WRIT PETITION NO. 7144 OF 2009 Ranjanrao Ramkrishna Gade, Age : 85 years, Occupation : Agriculture, R/o. Kusadgaon, Taluka : Jamkhed, District : Ahmednagar. .. Petitioner. versus The State of Maharashtra, Through Collector, Ahmednagar. .. Respondent. .......................... Mr. N.V. Gaware, Advocate, for the petitioner. Smt. S.D. Shelke, Assistant Government Pleader, for the respondent. .......................... W I T H (3) WRIT PETITION NO. 7153 OF 2009 Mahadeo Vithoba Maharnawar, Age : 63 years, Occupation : Agriculture, R/o. Kusadgaon, Taluka : Jamkhed, District : Ahmednagar. .. Petitioner. versus The State of Maharashtra, Through Collector, Ahmednagar. .. Respondent. .......................... Mr. N.V. Gaware, Advocate, for the petitioner. Shri S.G. Nandedkar, Assistant Government Pleader, for the respondent. .......................... CORAM : B.R. GAVAI, J. DATE : 2ND DECEMBER 2009. (4) COURT'S ORDER : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present petitions, the petitioners have challenged the orders dated 28th April 2009, passed by the learned 4th Joint Civil Judge (Senior Division), Ahmednagar, below Exhibit 8 in Regular Darkhast No. 43/2008, below Exhibit 8 in Regular Darkhast No. 41/2008, and below Exhibit 10 in Special Darkhast No. 57/2008, respectively, to the extent of imposing condition of furnishing bank guarantee for withdrawal of the amount. 3. The lands of the petitioners have been acquired by the respondent, for which compensation was awarded by the Collector. Being aggrieved thereby, the petitioners preferred references. The references were allowed and the compensation was enhanced. 4. In pursuance to the awards by the reference Court, execution proceedings were initiated, wherein the respondent has deposited the amount under the awards. The petitioners preferred applications for withdrawal of the amount in the execution proceedings. The said applications were allowed, however, subject to the condition that the petitioners furnish bank guarantee. 5. Admittedly, there is no stay to the awards passed by the reference Court. The awards are in the nature of money decree which is normally not to be stayed. This court in several matters has allowed the (5) petitions and permitted the claimants to withdraw the amount without furnishing bank guarantee. In that view of the matter, the petitions deserve to be allowed. 6. Hence, the petitions are allowed. Rule is made absolute in terms of prayer clause "B" in these petitions. There shall be no order as to costs. ( B.R. GAVAI ) JUDGE ......................... bgp/wp7143etc