1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6545 OF 2009 1. Babala Uda Vanjari } Age : Major, Occ. Agriculture, } R/o : Kumbhari, Tq. : Jamner, } Dist. Jalgaon. } 2. Babu Fulsing Vanjari } Age : 70 Years, Occ. Agriculture, } R/o : Kumbhari, Tq.: Jamner, } Dist. Jalgaon. } .. PETITIONERS V E R S U S The State of Maharashtra } Through Special Land Acquisition Officer, } Jalgaon, Dist. Jalgaon. } .. RESPONDENT Mr. V.N.Patil, Advocate for Petitioners. Mrs. S.D.Shelke, A.G.P. for State. CORAM : B.R.GAVAI, J. DATE OF JUDGMENT : 12/11/2009 ORAL JUDGMENT : 1. Rule. Rule returnable forthwith. By consent of parties, heard finally. 2 2. The land of the petitioners has been acquired, for which an Award came to be passed by the Special Land Acquisition Officer. Being dis-satisfied with the said Award, a Reference was filed U/s 18 of the Land Acquisition Act before the Reference Court. The same is allowed. 2. The execution proceedings were filed before the learned trial court for execution of the Award. In the same proceedings, an application came to be filed for withdrawal of the enhanced compensation deposited by the respondent-State. The said application was allowed on the condition that the petitioner furnishes a bank guarantee. Being aggrieved by the said condition, the petitioners have approached this Court. 3. It is not in dispute that in an Appeal filed before the State Government, there is no stay to the execution of the Award in question. This Court in various matters, has taken a view that since Award is in the nature of bank guarantee, the insistence of bank guarantee for the withdrawal of the amount is not justified. In that view of the matter, Rule is made absolute in terms of prayer clause ‘ C ’. [ B.R.GAVAI ] JUDGE knp/WP6545.09 3