1 W.P.No.9003/11with connected W.Ps. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.9003 OF 2011. 1. Bebabai Anil Patil, Age Yrs., Occ.Agri., 2. Shobhabai Pundlik Bagul, Age Yrs. Occ.Agri., 3. Sarla Jairam Sable, Age Yrs., Occ.Agri., All R/o Hingane, Tal. Jamner and Dist.Jalgaon. ... Petitioners. Versus The State of Maharashtra through Special Land Acquisition Officerr, Jalgaon, Dist.Jalgaon, ... Respondents. ... Mr.D.K.Thote, advocate for the petitioners. Mr.S.B.Pulkundwar, Asstt.Govt. Pleader for the State. ... 2 W.P.No.9003/11with connected W.Ps. WITH WRIT PETITION NO.9004 OF 2011 Niwruti Namdeo Koli, Age Yrs. Occ.Agri., R/o Hingana, Tal.Jamner, Dist.Jalgaon. ... Petitioner. Versus The State of Maharashtra through Special Land Acquisition Officerr, Jalgaon, Dist.Jalgaon, ... Respondent. ... Mr.D.K.Thote, advocate for the petitioner. Mr.K.B.Choudhari, Addl.Govt. Pleader for the State. ... WITH WRIT PETITION NO.9005 OF 2011. Shenfadu Ramji Bhoi, Age Yrs., Occ.Agri., R/o Khadgaon, Tal.Jamner, Dist.Jalgaon. ... Petitioner. Versus The State of Maharashtra through Special Land Acquisition Officerr, Jalgaon, Dist.Jalgaon, ... Respondent. ... Mr.D.K.Thote, advocate for the petitioner. Mr.K.B.Choudhari, Addl.Govt. Pleader for the 3 W.P.No.9003/11with connected W.Ps. State. ... WITH WRIT PETITION NO.9006 OF 2011 1. Subhabai Chindu Bhoi, Age Yrs.Occ.Agri., 2. Samadhan Natthu Bhoi, Age Yrs. Occ.Agri., All R/o Khadgaon, Tal. Jamner, Dist. Jalgaon. ... Petitioners. Versus The State of Maharashtra through Special Land Acquisition Officerr, Jalgaon, Dist.Jalgaon, ... Respondent. ... Mr.D.K.Thote, advocate for the petitioner. Mr.S.B.Pulkundwar, Asstt.Govt. Pleader for the State. ... WITH WRIT PETITION NO.9007 OF 2011. Laxman Chango Chaudhary(deceased) L/H Bhagwan Laxman Chaudhary, Age 56 years, Occ.Agri., Smt. Thagubai Laxman Chaudhary Age 60 years, AOcc.Agri., Sau.Indubai Narayan Chaudhary, Age 50 years, Occ.Agri. All R/o Khadgaon, Tal.Jamner, Dist.Jalgaon. ... Petitioners. Versus 4 W.P.No.9003/11with connected W.Ps. The State of Maharashtra through Special Land Acquisition Officerr, Jalgaon, Dist.Jalgaon, ... Respondent. ... Mr.D.K.Thote, advocate for the petitioner. Mr.S.B.Pulkundwar, Asstt.Govt. Pleader for the State. ... WITH WRIT PETITION NO.9008 OF 2011. Sitaram Keshav Patil, Age Yrs. Occ.Agri., R/o Hingane, Tal. Jamner, Dist.Jalgaon. ... Petitioner. Versus The State of Maharashtra through Special Land Acquisition Officerr, Jalgaon, Dist.Jalgaon, ... Respondent. ... Mr.D.K.Thote, advocate for the petitioner. Mr.K.B.Choudhari, Addl.Govt. Pleader for the State. ... CORAM : S.V.GANGAPURWALA,J. Date : 24.11.2011. ORAL JUDGMENT : 1. Heard. 5 W.P.No.9003/11with connected W.Ps. 2. Rule. Rule returnable forthwith. With the consent of the parties, petitions are taken up for final hearing. 3. The trial Court allowed the land acquisition references filed by the petitioners. The petitioners filed execution proceedings. The Respondent deposited the amount in the said execution proceedings. The petitioners applied for withdrawal. The executing Court allowed the application for withdrawal. At the same time passed an order directing the petitioners to furnish the bank guarantee of any Nationalised Bank and also an undertaking. The said part of the order is assailed in the present Writ Petitions. 4. I have heard Shri Thote, learned counsel for the petitioners. Mr.S.B.Pulkundwar, learned Asstt. Govt. Pleader, Mr.K.B.Choudhari, learned Addl. Govt. Pleader for the Respondent/State do not dispute that the awards passed by the Reference Court have not been stayed by any Appellate Court. The executing 6 W.P.No.9003/11with connected W.Ps. Court can not go behind the award. The Executing Court does not have any jurisdiction to impose such onerous condition on the petitioners while allowing withdrawal of the amount. The said conditions imposed are beyond the jurisdiction of the Executing Court. The learned Addl. Govt. Pleader and Asstt. Govt. Pleader appearing in the respective matters submit that the Appellate Court has not passed any orders of stay to the awards passed by the reference Court. In such circumstances, such condition could not have been imposed. 5. In light of the above conspectus, the Writ Petitions are allowed. 6. Rule is made absolute and the order imposing condition on the petitioners to submit Bank guarantee and undertaking is quashed and set aside and the Bank guarantee submitted shall be released. However, there shall be no order as to 7 W.P.No.9003/11with connected W.Ps. costs. (S.V.GANGAPURWALA,J.) asp/office/wp900311