Snehal Shrikant Utge v. The State Of Maharashtra And Another

61_WP480316.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4803 OF 2016 Snehal Shrikant Utge Age: 34 years, Occu.: Agri. And Legal Practice, R/o Central Hanuman Road, 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 06th February, 2016, the decree was not stayed by the Appellate Court. Even today, there is no 1 / 2

61_WP480316.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Court, the petitioner shall abide by the same and if required, shall also refund the amount of compensation, so withdrawn by him, together with interest as directed by the Appellate Court.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