1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4953 OF 2009 Ramsing Natthu Chambhar, Died Through LRs. 1-a) Hiralal Ramsing Chambhar, Age: 62 years, Occ: Agril., R/o. Khadgaon, Tal. Jamner, District Jalgaon & Ors. .. Petitioners Versus The Special Land Acquisition Officer, Jalgaon UTPH-1 & Anr. .. Respondents ... Mr. A.V. Patil, Advocate holding for Mr. V.D. Gunale, Advocate for petitioners. Mr. D.R. Kale, A.G.P. for respondents. ... CORAM : K.K. TATED, J. DATE : 4TH SEPTEMBER, 2009. PER COURT : 1. Rule. Rule made returnable forthwith. Heard learned Counsel for the petitioners and learned A.G.P. for the respondents. 2 2. By this petition under Article 226 and 227 of the Constitution of India, the petitioners are challenging the order dated 27-06-2006 passed by the Joint Civil Judge, S.D. Jalgaon below Exhibit-1 in R.D. No.192/2005. 3. It is the case of the petitioners that the respondents issued notification under Section 4 of the Land Acquisition Act for acquiring their lands situated at village Khadgaon for Waghur Project Division Jalgaon. After following due process of law, the S.L.A.O. declared award on 20-11-2000. Being aggrieved by the said award declared by the S.L.A.O., the petitioners preferred Reference under Section 18 of the said Act. Said Reference came to be decided by oral judgment dated 04-04-2005 by the Joint Civil Judge, S.D. Jalgaon. Thereafter, the petitioners filed R.D. No. 192/2005 claiming a sum of Rs.3,99,553/-. Respondents deposited sum of Rs.3,99,553/- in execution. Therefore, the 3 petitioners filed application below Exhibit-1 in R.D. No. 192/2005 for withdrawal of the said amount. Said application below Exhibit-1 allowed by the Joint Civil Judge, S.D. Jalgaon by order dated 27th June 2006 allowing the petitioners to withdraw sum of Rs. 3,99,553/- on furnishing bank guarantee of any Nationalised bank. 4. Learned Counsel appearing on behalf of the petitioners state that Executing Court have no jurisdiction to pass order for furnishing bank guarantee for withdrawal of the amount deposited by the respondents in execution proceedings. He further submitted that though the respondents filed First Appeal No. 1218/2005 in High Court, there is no stay for execution and judgment passed by the Reference Court dated 04-04-2005 in L.A.R. No. 1378/2005. 5. On the other hand, learned A.G.P. appearing on behalf of respondents vehemently opposed the 4 present Writ Petition on the ground that they preferred First Appeal No. 1218/2005 and same is pending for final hearing. It is admitted fact that the First Appeal No. 1218/2005 is admitted on 18-09-2007 but till today, the respondents have not filed application for stay of the impugned order passed by the Reference Court in L.A.R. No.1378/2005. 6. This Court in W.P. No. 1557/2006 Gopinath Deorao Katale and others vs. The State of Maharashtra and others ( Coram : Naresh H.Patil, J.) dated 20-03-2006, and in Bhimabai Supudu Sapkale vs. The Special Land Acquisition Officer, Jalgaon UTPH-1 and another in W.P. No. 5794/2006 and other connected Writ Petitions (Coram : B.R. Gavai, J.) dated 15-04-2009, taken a view that in absence of any stay order passed by the High Court in State appeals, claimants are entitle to withdraw amount. Considering the facts in the present case and view taken by High Court in above mentioned Writ Petitions, 5 present Writ Petition is allowed in terms of prayer clause-B subject to that the petitioners to file affidavit of undertaking before executing Court. Prayer clause-B reads as under. "(B) By issuing writ of certiorari or any other writ, order or direction, the impugned direction given by learned Civil Judge, Senior Division, Jalgaon regarding furnishing the bank guarantee given in R.D. No. 192/2005 be quashed and set aside. Consequently, the petitioners be allowed to revoke the bank guarantee furnished in aforesaid darkhast and for that purpose necessary directions be issued." 7. Writ Petition is disposed of accordingly. Rule made absolute in above terms. [ K.K. TATED, J.] sut/SEP09/wp4953.09