1 wp479.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 479 OF 2011 WITH WRIT PETITION NO. 480 OF 2011 WITH WRIT PETITION NO. 481 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. H. V. Patil, Advocate for the petitioners. 1. Heard Advocate Mr. H.V. Patil for petitioners and learned A.G.P. for respondent. Mr. Patil states that application for withdrawal of amount of compensation was moved in Special Darkast, the judgment debtor-State Government then stated that it is filing First Appeal. Therefore, the condition of bank guarantee was imposed. Accordingly, the Bank guarantee has been furnished and then the amount has been withdrawn. Though the period of three years expired thereafter till today the State Government has not filed any appeal and therefore, the bank guarantee should be returned duly discharged. 2. Learned A.G.P. states that he needs time to obtain 2 wp479.11 instructions on facts. Mr. Patil, learned Counsel for petitioners states that in similar Writ Petition, this Court has already issued notice. 3. Application for withdrawal of amount of compensation was moved before the trial Court and the trial Court imposed condition of bank guarantee. Petitioners therefore can move that Court and seek its return duly discharged by pointing out this fact. I find interference in this Writ Petition is not warranted at this stage. With that liberty to the petitioners, the Writ Petitions are disposed of. No costs. (B.P. DHARMADHIKARI) JUDGE. 01.02.2011 gas/wp479.11