Rajshekhar Tamannappa Utge vs The State Of Maharashtra And ...
2017 Latest Caselaw 868 Bom

                                                                            61_WP480416.odt


         
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         WRIT PETITION NO. 4804 OF 2016

Rajshekhar Tamannappa Utge
Age: 53 years, Occu.: Agri.,
R/o Azad Chowk, Latur,
Tq. & Dist. Latur.                                               ..PETITIONER

               VERSUS

1.  State of Maharashtra
     Through Collector, Latur,
     Tq. & Dist. Latur.

2.  The Executive Engineer,
     Minor Irrigation Department,
     Latur, Dist. Latur.                                         ..RESPONDENTS

                                    ....
Mr. V.D. Gunale, Advocate for petitioner.
Mr. S.K. Tambe, A.G.P. for Respondent No.1.
Mr. S.G. Sangle, Advocate for Respondent No.2.
                                    ....

                                                    CORAM :  S.B. SHUKRE, J.

DATED : 20th MARCH, 2017

ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard finally by

consent of both parties.

2. By the impugned order passed on 21 st September, 2015, the

decree was not stayed by the Appellate Court. Even today, there is no

1 / 2

61_WP480416.odt

stay granted by the Appellate Court for execution of decree. Therefore,

there was no reason for the Executing Court to call upon the petitioner to

furnish the bank guaranty while allowing the petition to withdraw the

compensation amount. The impugned order, in these circumstances,

cannot be sustained in law.

3. Writ petition is allowed. The impugned order is hereby set

aside. The decree holder is permitted to withdraw the compensation

amount on furnishing an undertaking that in case any adverse order is

passed by the Appellate Court, the petitioner shall abide by the same and

if required, shall also refund the amount of compensation, so withdrawn

by him, together with interest as directed by the Appellate Court. The

undertaking shall be furnished within four weeks from the date of the

order. If no such undertaking is furnished, this order shall loose its force.

Rule made absolute in these terms.

( S.B. SHUKRE, J. ) SSD

2 / 2