1 W.P.No.6744/11 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.6744 OF 2011. Vitthal Ahilaji Changale Deceased through L.Rs. 1. Jayram Vitthal Changale, Deceased through L.Rs. 1A) Manoj Jayram Changale, Age 25 years, Occ.Agri., 1B) Vijay Jayram Changale, Age 23 years, Occ.Agri., 1C) Mangal Jayram Changale, Age 47 years, Occ.Agri. All R/o Pimprilokai, Tq. Rahata, Dist.Ahmednagar. ... Petitioners. Versus 1. The State of Maharashtra, through Collector, Ahmednagar. 2. The Special Land Acquisition Officer No.15, Ahmednagar. ... Respondents. ... Mr.K.S.Bhore, advocate for the petitioners. Mr.S.B.Pulkundwar, Asstt.Govt.Pleader for the Respondents. 2 W.P.No.6744/11 ... CORAM : S.V.GANGAPURWALA,J. Date : 07.09.2011. ORAL JUDGMENT : 1. Heard. 2. Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for final hearing. 3. Award U/s 28-A of the Land Acquisition Act, was passed. The petitioners were directed to give Bank guarantee in respect of the amount of the award for the purpose of withdrawal. Vide order dated 11.12.2009, the Bank guarantee was furnished. The petitioners have approached this Court for quashing the said order and for release of the Bank guarantee. 4. Mr.Bhore, learned counsel has brought to my notice the order dated 29.6.2006, passed by the learned Single Judge of this Court in W.P.No. 1882/2006 which was arising out of the same 3 W.P.No.6744/11 reference and this Court had quashed the order directing the petitioners therein to furnish Bank guarantee. It is observed that there is no stay granted by the High Court to the award passed U/s 28-A or award passed by the Reference Court. 5. In view of the fact that there is no stay granted by the appellate Court in respect of the award passed in LAR No.1/1992 and LAR No. 15/1990 dt.29.7.1993, pursuant to which the present Award U/s 28-A of the Land Acquisition Act, is passed. The authority had no jurisdiction to direct the petitioner to furnish bank guarantee in respect of the amount of the award. 6. In view of the above, the impugned letter dt.11.12.2009 is quashed and set aside. 7. Rule is made absolute in terms of prayer clauses (B) and (C). (S.V.GANGAPURWALA,J.) asp/office/wp674411 4 W.P.No.6744/11