Santosh Bajirao Kashid v. Laxman Bhimrao Patil Died Through His Lrs Manik Laxman Patil Died Through His Lrs And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4995 OF 2022 Santosh s/o Bajiraj Kashid Age- 43 years, Occ- Agriculture, R/o. Suratgaon, Tq. Tuljapur, Dist. Osmanabad.

Petitioner

Versus

1) Laxman Bhimrao Patil (died) Through his L.R's 1A) Manik Laxman Patil (died) Through his L.R's 1-A-a) Nagesh Manik Patil Age- 45 years, Occ- Agriculture, 1A-b)Kalyan Manik Patil Age- 50 years, Occ- Agriculture.

2.

Narsingh Devrao Patil (died) Through his L.Rs 2A) Alka Bapu Suryawanshi Age- 43 years, Occ- Household, R/o. Sanja Road, Osmanabad, Tq. & Dist. Osmanabad.

2B) Rekha Narshing Patil Age- 50 years, Occ- Household, R/o. B.B. Darphal, North Solapur, Tq. & Dist. Solapur.

3) Ramhari Derao Patil (died) Through his L.Rs 3A) Balaraj Ramhari Patil Age- 60 years, Occ- Agriculture.

3B) Meghraj Ramhari Patil

{2} Age- 55 years, Occ- Agriculture.

3C) Deepak Ramhari Patil Age- 50 years, Occ- Agriculture, 4) Bhanudas Baburao Vadane Age- 61 years, Occ- Agriculture, 5) Vishwanath Namdev Gund (died) Through his L.Rs 5A) Ashok Viswanath Gund Age- 43 years Occ- Agriculture 5B) Kalidas Vishwanath Gund Age- 50 years Occ- Agriculture 5C) Rajkumar Vishwanath Gund Age- 40 years, Occ- Agriculture 6) Mandakini Annasaheb Kashid Age- 42 years, Occ- Household.

Above all are R/o Suratgaon, Tq. Tuljapur, Dist. Osmanabad.

Respondents Mr. R.V. Naiknavare, Advocate for the petitioner. Mr. E.S. Murge, Advocate for respondent Nos. 3A to 3-C. Mr. K.J. Ghute Patil, Advocate for respondent No. 4. .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 5 th SEPTEMBER, 2023 ORDER:

1.

Leave to correct prayer clause. Correction to be carried out forthwith.

2.

This petition filed under Article 226 and 227 of the Constitution of India, challenges the order dated 23.03.2022,

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3.

Land Acquisition Reference No. 116/2020 is pending before learned Civil Judge, Senior Division, Osmanabad. In the said reference after 01.12.2021, petitioner failed to lead evidence showing his entitlement for the compensation amount. Reference Court, therefore, closed the evidence of the petitioner and placed the matter for final arguments. This order is impugned in the present petition.

4.

Having heard the learned advocate for the petitioner and learned advocate for the respondents and on going through the memo of writ petition, its annexures and the impugned order, this Court is of the opinion that the impugned order cannot be sustained as the same denies fair opportunity to the petitioner to contest the matter on merits. In the result, following order:-

ORDER

I) Writ petition is allowed.

II) Impugned order dated 23.03.2022, passed by learned Civil Judge, Senior Division, Osmanabad, thereby closing evidence of the petitioner, is hereby quashed and set aside, subject to the petitioner paying cost of Rs. 10,000/- to respondent Nos. 3A to 3C in the Reference Court, within four weeks from the date of

{4} receipt of writ of this order.

III) Petitioner shall prosecute the matter in accordance with law.

IV) Reference Court shall decide the matter within six months from the date of receipt of writ of this order. [NITIN B. SURYAWANSHI, J.]