Siddheshwar Govindrao Rode And Others v. The State Of Maharashtra Through District Collector Beed And Others

CRA889.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD CRA ST NO. 889 OF 2015 Siddheshwar Govindrao Rode & Ors.

... Applicants

VERSUS

The State of Maharashtra, through District Collector, Beed and Ors..

... Respondents .............

Mr M. P. Kale, Advocate for the applicants Mr P. P. More, AGP for respondent/State ..............

CORAM :

S. V. GANGAPURWALA, J.

DATE : 21ST AUGUST, 2015.

PER COURT:

.

Heard ld. counsel appearing on behalf of the respective parties.

2.

It appears that, the applicants could not appear since the matter has transferred from Parbhani to Gangakhed. Even the advocate appointed by the applicant had died.

3.

The respondents have not filed affidavit controverting the averments made in the application for non-appearance. The reference is dismissed on the ground that the applicants could not plead any evidence.

CRA889.2015.odt 4.

Considering the aforesaid aspects of the matter, the order dt. 9.11.2009 passed in L.A.R. No. 759 of 1997 is quashed and set aside. The matter is remitted before the reference Court. The parties shall appear before the reference Court on 21.09.2015 . It is made clear that in case the reference court decides to grant enhanced compensation then the applicants would not be entitled for the statutory benefits for the period from 9.11.2009 to 21.08.2015.

5.

Civil Revision Application accordingly disposed of. [ S. V. GANGAPURWALA, J. ] sgp