Shivaji Shankar Kendre And Another v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 WRIT PETITION NO.6110 OF 2019 SHIVAJI SHANKAR KENDRE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Ajay Shinde AGP for Respondent / State : Mr. S.B. Yawalkar ...

CORAM : MANGESH S. PATIL & SANDEEP V. MARNE, JJ.

DATE : 19-09-2022 PER COURT :

.

The petitioners are aggrieved by the fact that in spite of they having moved a reference under Section 18 of the Land Acquisition Act, 1894 on 18.02.2008, the respondent - SLAO has not taken steps for forwarding the reference to the Civil Court for decision in accordance with law.

2.

Going by the copy of the references (Page Nos.9 and 13) it does appear that the petitioners' predecessor had tendered references under Section 18 on 10.03.2008 and 18.02.2008 respectively and they have been duly acknowledged by the concerned clerk. The references filed by the petitioners in the normal course ought to have been forwarded for the decision by the Civil Court.

3.

We, therefore, dispose of the writ petition directing the respondent - Special Land Acquisition Officer to forward the references to the Civil Court with whatever objections he has including that of the Court fees for decision in accordance with law within four weeks from today.

4.

In case, the respondent - SLAO's office is unable to trace out the references, the petitioners shall file the copies of their original references.

5.

The Writ Petition stands disposed of.

( SANDEEP V. MARNE, J. ) ( MANGESH S. PATIL, J. ) GGP