1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5832 OF 2009 1] Bhagwan Sukdeo Barkale died through LRs 1-a] Anjanabai Bhagwan Barkale Age 64 occ. Agri. 1-b] Mangalabai Jankiram Gaikwad, Age 42 years, Occ. Agri. Both R/o. Khadgaon, Tq. Jamner, District Jalgaon. 2] Geetabai Manik Nikam, Special Mukhtyar 2-a] Bhika Manik Nikam age Major, Occ. Agri. 2-b] Sanjay Manik Nikam Age major, Occ. Agri, R/o. Khadgaon, Tq. Jamner, District Jalgaon. .. petitioners Versus 1] The Special Land Acquisition Officer, Jalgaon UTPH-1. 2] Executing Engineer, Waghor Project, Jalgaon .. Respondents. --- Mr. A.V. Patil, Advocate holding for Mr. V.D. Gunale, Advocate for petitioner. Mr. V.B. Ghatge, AGP for the respondents. CORAM : B.R. GAVAI,J. 2 DATE : 12th November, 2009. ORAL ORDER :- 1] Rule. Rule made returnable forthwith. Heard by consent. 2] The land of the petitioners has been acquired by the respondent. Being dissatisfied with the compensation awarded by the Collector, a reference was preferred under Section 18. The said reference is allowed. 3] The petitioners therefore filed R.D. Nos. 198/2005 and 223/2005 for executing the award. The entire compensation has been deposited by the respondents. As such, an application was filed by the petitioners for withdrawal of the said amount. The said application is allowed on the condition that the petitioners shall furnish a bank guarantee. 4] It is not in dispute that there is no stay to the award passed by the learned Reference Court, granted by this court. In that view of the matter, I find that it was not proper on the part of the learned Executing Court to have insisted upon bank guaranteed. This court in various identical matters has taken a similar view. In that view of the matter, Rule is made absolute in terms of prayer clause (B). [B.R. GAVAI,J.] Grt/- 3