Ashok Vishwambharrao Jadhav, Lrs Chabubai And Others v. The State Of Maharashtra Through Collector, Osmanabad

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2509 OF 2015 Ashok Vishwambharrao Jadhav, died, through L.Rs:

1.

Chabubai Ashok Jadhav age 50 years, occ. Household 2.

Santosh Ashok Jadhav age 28 years, occ. Labour 3.

Sachin Ashok Jadhav age 26 years, occ. Labour All r/o Sastur Tq. Omerga Dist. Osmanabad At present Pune Through G.P.A. Hlder Nagnath Nivrutti Londhe age 62 years, occ. Retired r/o Trimurti Niwas, Opposite Chaunda Hospital Vishal Nagar Tq. & Dist. Latur Petitioners

Versus

The State of Maharashtra Through Collector, Osmanabad Respondent Mr.P.A.Bhosale, advocate holding for Mr.A.B.Kale, advocate for the petitioners.

Mr.S.B.Pulkundwar, A.G.P. for the Respondent. ===== CORAM : S.B.SHUKRE, J.

DATE : 14th FEBRUARY, 2017

{2} ORAL JUDGMENT :

1.

Rule. Rule made returnable forthwith.

2.

Heard finally by consent of learned counsel for the respective parties.

3.

On going through the impugned order dated 28th November, 2012, it is clearly seen that it is based upon mis-conception of facts. By the impugned order, only delay was condoned which had occurred in filing application being Misc. Application No. 26/2011 seeking restoration of the application being Misc. Application No. 33/2004, dismissed in default on 29th March, 2006. 4.

By Misc. Application No. 33/2004, what was sought was recalling of order of disposition of Land Acquisition Reference No. 209/1990 done on 6th December, 1997, on the ground that it could not have been disposed of by the reference Court for want of absence of the applicant in view of law laid down by the Honourable Apex Court in the matter of Khazan Singh (dead) by L.Rs Vs. Union of India AIR 2002 Supreme Court 726. By this order, the learned Judge has even rejected Misc. Application No. 33/2004 by completely ignoring the facts of the case. Therefore, the impugned order is perverse and it deserves to be quashed and set aside.

5.

Impugned order is accordingly quashed and set aside. It is directed that Misc. Application No. 26/2011 shall be decided by the reference Court, in accordance with law, in one month from the

{3} date of receipt of writ by the Court. Writ petition is allowed. Rule made absolute in above terms. No costs.

S.B.SHUKRE JUDGE dyb