1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8615 OF 2009 Santram s/o. Sonba Khandekar deceased through LRs namely, 1] Narayan s/o. Santram Khkandekar Age 60 years, Occ. Agri., R/o. Sukta, Tq. Bhoom Dist. Osmanabad. 2] Vilas s/o. Santram Khandekar, Age 50 years, Occ. Agri. R/o. Sukta, Tq. Bhoom Dist. Osmanabad. .. petitioners Versus The State of Maharashtra through District Collector, Osmanabad. .. Respondent. --- Mr. A.N. Nagargoje, Advocate for petitioner. Mr. V.B. Ghadge, AGP for respondent CORAM : B.R. GAVAI,J. DATE : 17th December, 2009. 2 PER COURT :- 1] Rule. Rule made returnable forthwith. Heard by consent. 2] By way of present petition, the petitioner challenges the order dated 9th February, 2009 vide which the earlier order permitting withdrawal on furnishing bank guarantee is allowed and instead of bank guarantee, the petitioner has been directed to furnish solvent surety. 3] The petitioner had filed a Reference challenging the order passed by the Land Acquisition Officer. The reference was allowed. The petitioner further aggrieved, approached this court by way of filing First Appeal No. 93/1994. The appeal is also allowed. In pursuance of the judgment and order passed by this court, the amount of compensation is deposited in the Executing Court. An application was filed for withdrawal of the same. The same was allowed vide order dated 17th December, 2008, on the condition that the petitioner should furnish a bank guarantee. The petitioner filed an application for recalling the said order. The application is partly allowed and instead of bank guarantee, the petitioner is asked to furnish solvent surety. 4] It is not in dispute that the judgment and order passed b this court in F.A. No. 93/1994 has not been challenged by the respondent before the Apex court. The said judgment has, therefore, attained finality. In that view of the matter, I find that the condition requiring furnishing of any surety was not necessary in the facts of the present case. 3 5] Rule is therefore made absolute in terms of prayer clause (A) [B.R. GAVAI,J.] Grt/-