Shri. Mahadeo Shankar Mhatre (Since Decd.) Through Lrs. And ORS. v. Special Land Acquisition Officer-I

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJSHREE KISHOR MORE Date:

2021.09.21 09:55:00 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11331 OF 2017 Shri Mahadeo Shankar Mhatre ] Since deceased through LRs &Ors. ] ..

Petitioners vs.

Special Land Acquisition Officer-1 ] ..

Respondent RAJSHREE KISHOR MORE Mr.Rajesh Parab, for Petitioner.

Mr.S.H. Kankal, AGP for Respondent-State.

CORAM : N.R.BORKAR, J.

DATED : 7TH SEPTEMBER 2021.

P.C.:

1] This Petition takes an exception to the order dated 26.07.2017 passed by the learned 2nd Joint Civil Judge, Senior Division, Alibag, below Exhibits 17 and 30 in L.A.R. No.1479/2000. 2] The Petitioner, on the basis of the will allegedly executed by one Mahadev Shankar Mhatre, who was one of the applicants in above said land reference sought permission by application at Exhibit 17 that they be allowed to come on record of said land reference as legal representatives of said Mahadev Mhatre. The trial Court rejected the application by order impugned.

3] The reference Court rejected the application on the ground that enquiry contemplated under Order 22 Rule 5 of the Civil Procedure Code, cannot be held by the reference Court. Considering the scope and ambit of the Section 18 of the Land Acquisition Act, no fault can be found with the order of the reference Court. In the result, Writ Petition stands dismissed.

[N.R.BORKAR,J] rkmore 1/1