1 WP 8259.2011 - [ J ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8259 OF 2011 Sambhaji S/o Shivaji Humbe Age : 37 Yrs., Occ. Agril., R/o : Ieet, Tq. Bhoom, Dist. : Osmanabad. .... PETITIONER V E R S U S 1. The State of Maharashtra Through its Secretary Department of Water Resources (Irrigation) & Soil Conservation, Mantralaya, Mumbai - 32. 2. The Collector, Osmanabad, Dist. : Osmanabad. 3. The Deputy Collector The Special Land Acquisition Officer No. 2, (Medium Project), Osmanabad, Dist. : Osmanabad. .... RESPONDENTS Mr. A.L.Tikle, Advocate for the Petitioner Mr. R.P.Phatake, Asstt. Govt. Pleader for State. 2 WP 8259.2011 - [ J ] CORAM : S.V. GANGAPURWALA, J. DATE OF JUDGMENT : 08/11/2011 ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the respective parties, taken up for final hearing. 2 . The petitioner impugns the condition of submission of bank guarantee imposed by the authority for withdrawal of the amount. 3. The petitioner had filed Reference U/s 28-A of the Land Acquisition Act [ For short, ‘ L.A. Act ’ ]. The petitioner was granted enhanced amount of compensation. However, when an application was made for withdrawal of the amount, the authority passed order that the petitioner is allowed to withdraw the amount on submission of bank guarantee. 4. The Appeal has been preferred by the State. Mr. R.P.Phatake, the learned Assistant Govt. Pleader submits that though the Appeal is filed, this Court has not granted any stay to the Award. In view of that when the appellate Court has not granted any stay to the Award, the authority is not empowered to put condition of submission of bank 3 WP 8259.2011 - [ J ] guarantee. 5. In light of the above, the condition imposed in the letter/Order dated 09/08/2011 is quashed and set aside. The petitioner is allowed to withdraw the amount without submission of the bank guarantee. 6. Rule is made absolute in above terms. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 8259.2011 - [ J ]