1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4665 OF 2009 1) Sarjabai Kautik Mahajan, 2) Shivaji Kautik Mahajan, 3) Dhanraj Kautik Mahajan, 4) Vitthal Kautik Mahajan, 5) Ramesh Kautik Mahajan, All R/o- Sajgaon Mohadi, Tq-Pachora, Dist-Jalgaon Through their General Power of Attorney Shivaji Kautik Mahajan, R/o-Sajgaon Mohadi, Tq-Pachora, Dist-Jalgaon. ...PETITIONER. VERSUS The State of Maharashtra, Through, Special Land Acquisition Officer, Jalgaon, Dist-Jalgaon. ...RESPONDENTS. ... Mr.V.B. Patil Advocate for Petitioners. Mr.D.R. Kale, A.G.P. for Respondents. ... 2 CORAM: K.K. TATED, J. DATE : 30TH SEPTEMBER, 2009. PER COURT : 1. Heard learned counsel for the Petitioners and learned A.G.P. for Respondents. Present Petition is preferred by original claimants under Article 226 and 227 of the Constitution of India challenging the order passed by the Executing Court directing the Petitioners to furnish bank guarantee for withdrawal of the amount. 2. It is the case of the Petitioners - original claimants that their lands were acquired by the Respondents under the acquisition proceedings. After following due process of law, the Special Land Acquisition Officer passed award and awarded compensation in respect of the acquired lands. Being aggrieved by the said award passed by the Special Land Acquisition Officer, the Petitioners preferred Reference under Section 18 of the Land Acquisition Act being L.A.R. No.343 of 2006. The said Reference was decided on 27th November, 2008. The Reference Court awarded enhanced compensation in respect of the acquired lands. 3 In spite of the award passed by the Reference Court, the Respondents failed to deposit enhanced compensation and therefore the Petitioners preferred Regular Darkhast No. 152 of 2009. In the said Darkhast the Respondents deposited a sum of Rs.7,77,743/- after deducting the amount of income tax of Rs.25,000/-. Thereafter the Petitioners preferred application below Exhibit 1 and application below Exhibit 13 for withdrawal of the said amount. In the said application the District Government Pleader made a statement before the Executing Court that proposal to prefer appeal before the High Court is pending. Considering the said statement, the Executing Court allowed Petitioners to withdraw a sum of Rs. 7,77,743/- by furnishing bank guarantee of any Nationalized Bank in the like amount and after due verification and identification. Pursuant to the said order, the Petitioners furnished bank guarantee dated 6th May, 2009 and have withdrawn the said amount. Thereafter the Petitioners preferred present Writ Petition on 1st July, 2009 challenging the order dated 6th May, 2009 passed by the Executing Court in Regular Darkhast No.152 of 2009. 4 3. The Respondents filed their reply dated 14th September, 2009 in which it is specifically stated that appeal is not preferred by the State against the Judgment and order passed by the Court below in L.A.R. No.343 of 2006. Para 3 of the said affidavit in reply reads as under: "3. I respectfully say and submit that, there is no appeal filed by the respondent i.e. State of Maharashtra before this Hon'ble High Court challenging the judgment and order passed by the Court below in L.A.R. No. 343/2006." 4. If the State has not preferred any Appeal against the Judgment and award passed by the Reference Court in L.A.R. No.343 of 2006, there was no necessity of imposing any condition on the Petitioners for withdrawal of the amount awarded in respect of their acquired land. Considering these facts, Writ Petition is allowed in terms of prayer clause (C), which reads as under: "(C) By appropriate writ, order or direction in the like nature of writ, the order passed by the Joint Civil 5 Judge Senior Division, Jalgaon below Exh.1 in Regular Darkhast No.152/2009 dated 6.5.2009 to the extent of only directing the petitioner to furnish the Bank guarantee of the nationalized Bank as Exhibit A to this petition, may please kindly be revoked/ cancelled or quashed and set aside." . No order as to the costs. [K.K. TATED, J.] asb/SEPT09/wp4665.09