1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4615/2008 (Anandrao Pandurang Jadhav vs. The State of Maharashtra and another) ====================================== CORAM : B.P.Dhamadhikari, J. DATE : 25 st NOVEMBER, 2008 Heard Advocate Shri D.G.Patil, for the Petitioner and Shri Patel, learned Assistant Government Pleader for respondents. The petitioner is the land owner whose land has been acquired by the State Government and in reference under Section 18, he is found entitled to receive total amount of Rs. 4,86,760/- more. He filed proceedings for execution vide Special Execution case No. 14/2007 and that amount has been accordingly deposited by the State Government. The petitioner applied for withdrawal of that amount and while permitting him to withdraw, the executing Court i.e. Ad-hoc District Judge, Yavatmal has directed him to furnish bank guarantee for the said amount. In these circumstances, Advocate Patil with Advocate Ingole, contended that the condition of bank 2 guarantee imposed is without jurisdiction and there is no stay granted by the High Court in First Appeal NO. 202/2008. It is argued that amount has been deposited by the State Government and the petitioner is, therefore, entitled to withdraw it. This court has issued notice for final disposal on 21.10.2008 and it was made returnable on 18.11.2008. On 19.11.2008, at the request of learned Assistant Government Pleader the matter was adjourned to today. Shri Patel, learned Assistant Government Pleader contended that the order as passed is within the four corners of law and no interference is warranted in writ jurisdiction. It is apparent that in First Appeal No. 202/2008, this court has not passed any order of stay and as such petitioner is entitled to receive the amount as per judgment and decree impugned therein. Moreover, the orders passed in this respect in First Appeal, if any, are not placed on record. The condition of furnishing bank guarantee for withdrawal of the said amount as imposed by order dated 6.8.2008 is therefore, unsustainable. The same is accordingly quashed and set aside. The petitioner is 3 found entitled to withdraw the amount of Rs.4,86,760/-. However, this order granting him leave to withdraw unconditionally shall come into force from 7th January, 2009. Time till then is given to State Government to take appropriate steps in pending first appeal in the public interest. Writ petition is accordingly allowed. No order as to costs. JUDGE Rvjalit