( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 4907 OF 2009 Ramlal Ramchandra Choudhari Since deceased, by L.Rs. A. Indubai Ramlal Choudhari B. Ravikiran Ramlal Choudhari C. Raju Ramlal Choudhari D. Sangitabai Bhaskar Patil All r/o Khadgaon, Taluka Jamner, District Jalgaon PETITIONERS VERSUS 1. The Special Land Acquisition Officer, Jalgaon U.T.P.H.-1. 2. Executive Engineer, Waghor Project, Jalgaon. RESPONDENTS ..... Mr. A.N. Gaddime, advocate holding for Mr. V.D. Gunale, advocate for the petitioners. Mr. K.G. Patil, A.G.P. for the respondents No. 1 to 4. ..... [CORAM : S.V. GANGAPURWALA, J.] [DATE : 9th April, 2010] ORAL JUDGEMENT : 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, the matter is ( 2 ) taken up for final hearing at the stage of admission. 2. This writ petition takes exception to the order dated 18-01-2007, passed by the learned Joint Civil Judge below Exh-1 in Regular Darkhast No. 222/2005. 3. The present petitioner had filed Land Acquisition Reference (L.A.R.No. 1436/2005) under section 18 of the Land Acquisition Act, being dis-satisfied by the amount of compensation awarded by the Land Acquisition Officer. The said Reference was allowed and the amount of compensation was enhanced. The petitioner filed Regular Darkhast bearing No. 222/2005 for execution of the said award. The amount was deposited by the respondent No. 2. The petitioners prayed for withdrawal of the amount under the award. The learned trial Judge, while allowing the said application (Exh-1) to withdraw the amount, imposed a condition of furnishing a bank guarantee of Nationalized Bank of the like amount. This condition is being agitated by the present petitioner in the present writ petition. ( 3 ) 4. It is settled position of law that the executing Court cannot go behind the award. The executing Court cannot impose such onerous condition on the petitioner. When the award has been already passed and there is no order of stay to the award passed by any superior Court, in such circumstances, the executing Court does not have an authority to impose such onerous condition. 5. In the light of above facts, the writ petition is allowed. Rule is made absolute and the order imposing condition on the petitioners to submit a bank guarantee is hereby set aside. There shall be no order as to costs. [ S.V. GANGAPURWALA ] JUDGE NPJ/wp4907-09