Maharashtra Industrial Development Corporation Through Area Manager v. Karbhari Bhagwanta Matsagar And Others

CRA 152/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 152 OF 2014 Maharashtra Industrial Development Corporation .. Petitioner Vs.

Karbhari S/o Bhagwanta Matsagar and others .. Respondent ---- Mr. S.S. Dande, Advocate for the petitioner Mr. A.M. Hajare, Advocate for respondent no.1 Mrs. S.D. Shelke, A.G.P. for the respondent/State ---- CORAM : M.T. JOSHI, J.

DATE : 16/04/2015 ORAL ORDER :

1.

Rule. Rule made returnable forthwith. Heard with consent of both sides.

2.

The application of the present petitioner was in-fact seeking the details of the Land Acquisition Officer, who was required to be examined as a witness on behalf of the present petitioner - acquiring body since the State i.e. original respondent no.1 failed to examine him. In the circumstances, the enquiry was not beyond the jurisdiction of the reference Court.

CRA 152/2014 3.

Considering all these facts on record, the civil revision application is allowed in terms of prayer clause (B) without any order as to costs.

4.

Prayer clause (B) of the present application reads as under:- "B) Quash and set aside the order below Exhibit-58 dated 25.7.2014 passed by the CJSD, Vaijapur in LAR No.1186/2010."

5.

The Sub Divisional Officer / Land Acquisition Officer of Vaijapur is directed to furnish the information within a period of four (4) weeks from the date of this order in the concerned Court.

6.

Rule made absolute accordingly.

7.

Parties to act on authenticated copy of this order.

[M.T. JOSHI] JUDGE arp/