1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4664 OF 200 Guntabai Ramdas Mali, Deceased through her L.Rs. 1) Ramdas Gatalu Mahajan, Age-Major, Occu:Agri., 2) Dhanraj Ramdas Mahajan, Age-Major, Occu:Agri., Both R/o-sajgaon Mohadi, Tq-Pachoda, Dist-Jalgaon. ...PETITIONERS. VERSUS The State of Maharashtra, Through, Special Land Acquisition Officer, Jalgaon, Dist-Jalgaon. ...RESPONDENT. ... Mr.J.R. Jadhav Advocate h/f. Mr. V.B. Patil Advocate for the Petitioners. Mr.D.R. Kale, A.G.P. for Respondent sole. ... CORAM: K.K. TATED, J. DATE : 22ND SEPTEMBER, 2009. 2 PER COURT : 1. Heard learned counsel for the Petitioners and learned A.G.P. for Respondent - State. Present Writ Petition is preferred by the original claimants under Articles 226 and 227 of the Constitution of India challenging the order dated 6th May, 2009 passed by the Joint Civil Judge (Senior Division), Jalgaon below Exhibit 1 and application Exhibit 12 in Regular Darkhast No.153/2009 arising out of Land Acquisition Reference No.344 of 2006, by which the trial Court directed the Petitioners to furnish a bank guarantee of any Nationalized Bank in the like amount i.e. Rs.7,56,876/- for withdrawing the said amount. 2. It is the case of the Petitioners that Respondent issued notice under Section 4 of the Land Acquisition Act for acquiring their land. After following due process of law, the Special Land Acquisition Officer passed award and awarded 3 compensation. Being aggrieved by the said award, the Petitioners preferred Reference for enhancement of compensation. The said Reference filed under Section 18 of the Land Acquisition Act was allowed by the Reference Court and awarded enhanced compensation. Thereafter the Petitioners called upon the Respondent to deposit the enhanced compensation in the Reference Court. As the Respondent failed to do so, the Petitioners preferred Regular Darkhast No. 153 of 2009 for execution of the order passed by the Reference Court in Land Acquisition Reference No.344 of 2006. In the said Regular Darkhast, the Respondent deposited a sum of Rs.7,56,876/- after deducting the amount of income tax of Rs.24,843/-. Thereafter the Petitioners filed application for withdrawal of the said amount. In the said application, the trial Court directed the Petitioners to furnish the bank guarantee of any Nationalized Bank in the like amount for withdrawal of the said amount. 3. In the present case, the Deputy Collector and 4 Special Land Acquisition Officer, Minor Irrigation, Jalgaon filed affidavit in reply dated 14th September, 2009, in which he categorically stated that the State of Maharashtra has not preferred any Appeal against the order passed by the Reference Court in Land Acquisition Reference No.344 of 2006. If the Appeal is not preferred by the State of Maharashtra against the order passed in Land Acquisition Reference No.344 of 2006, there is no question of imposing any condition on the Petitioners for withdrawing the amount deposited by the Respondent in the trial Court. 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 Judge Senior Division, Jalgaon below Exh.1 in Regular Darkhast No. 153/2009 dated 6.5.2009 to the extent of only directing the 5 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." 4. No order as to the costs. [K.K. TATED, J.] asb/SEPT09/wp4664.09