Bombay High CourtWP/7441/2016disposed offdismissed for default

Gangubai Bansidhar Gaikwad v. The State Of Maharashtra And Others

2017-02-27Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice T.V. Nalawade3 pages

1 WP 7441 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Writ Petition No.7441 of 2016 * Gangubai w/o Bansidhar Gaikwad, Age 59 years, Occupation : Agriculture, R/o Tura, Taluka Pathri, District Parbhani.

.. Petitioner.

Versus

1) The State of Maharashtra, Through the Collector, Jalna 2) The Special Land Acquisition Officer (B & C), Jalna Presently the Sub Divisional Officer, Ambad, Taluka Ambad, District Jalna.

3) The Executive Engineer, Nimna Dudhana Project Selu, Taluka Selu, District Parbhani Presently Jalna Irrigation Department, Jalna. .. Respondents.

---- Shri. Suhas R. Shirsat, Advocate for petitioner. Shri. S.B. Joshi, Assistant Government Pleader, for respondent Nos.1 and 2.

Shri. A.P. Yenegure, Advocate for respondent No.3 ---- Coram: T.V. NALAWADE & SANGITRAO S. PATIL, JJ.

Date: 27 February 2017

2 WP 7441 of 2016 ORAL JUDGMENT:

1) Rule, rule made returnable forthwith. By consent, heard both sides for final disposal. 2) The petition is filed for giving direction to the respondents, and particularly to respondent No.2 for sending the Reference filed for compensation by the present petitioner under section 18 of the Land Acquisition Act to the Reference Court. It is the contention of the petitioner that the Reference was filed on 17-22007 but till today it is not sent to the Reference Court and due to that the petitioner is suffering.

3) The learned counsel for the petitioner submitted that nothing is communicated to the petitioner about her Reference pending with the respondent No.2. There is a copy on the record showing that the office of the respondent No.2 had received that Reference. So this Court holds that direction needs to be given.

3 WP 7441 of 2016 4) In the result, the petition is allowed.

Direction is given to the respondent No.2 to send the Reference Application to the Reference Court within 45 days from today. Rule is made absolute in those terms.

Sd/- Sd/- (SANGITRAO S. PATIL, J.) (T.V. NALAWADE, J.) rsl