Nivruti Narsoba Lawate Died Through Lrs Prayagbai Nivruti Lawate v. The State Of Maharashtra Through Collector

1 941-WP-4164-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4164 OF 2022 Nivruti Narsoba Lawate (Died) Through LRS 1A. Prayagbai Nivruti Lawate Age: 85 years, Occu: Agri & H.H.

1B. Ratanbai Bhim Lavate Age: 60 years, Occu: Agri & H.H.

Both R/o Khasagiwadi, Tq. Omerga, Dist. Osmanabad.

... Petitioners (Orig. Claimants)

Versus

The State of Maharashtra Through Collector Osmanabad District Osmanabad ... Respondent ...

Mr. V. V. Ingale, Advocate for the Petitioners Mr. K. B. Jadhavar, AGP for the Respondent-Sole ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 20th September, 2022 ORAL JUDGMENT :- 1.

Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

2.

This petition filed under Article 226 & 227 of the Constitution of India, impugns the order dated 22.09.2008 passed below Exhibit-17 in Land Acquisition Reference No.396/2004 (Old

2 941-WP-4164-2022.odt No.21/1996), by the learned Civil Judge, Senior Division, Omerga, thereby rejecting the land acquisition reference, as the petitioner failed to adduce evidence.

3.

Indisputably the issue involved in this petition is covered by the judgment of this Court (Coram: V.K. Jadhav, J.) in Writ Petition No. 12795 of 2019 and connected writ petitions, wherein this Court has held that the reference has to be decided on merits. Since, in those matters, references were rejected due to failure on the part of the petitioners therein to adduce evidence, this Court has held that the reference Court did not decide the references on merits and therefore set aside the orders passed by the reference Court and restored the references and directed to decide the references on merits.

4.

Admittedly, in the present case also the reference is not decided on merits and the same is rejected solely on the ground that the petitioner failed to adduce evidence. The present case is, therefore, squarely covered by the above-referred decision. Hence, the following order:-

ORDER

(I) The writ petition is allowed.

(II) The impugned order dated 22.09.2008 passed by the Civil Judge, Senior Division, Omerga, in Land

3 941-WP-4164-2022.odt Acquisition Reference No.396/2004 (Old No.21/1996), is hereby quashed and set aside. (III) The matter is relegated back to the concerned reference Court for decision on merits, after giving an opportunity to the respective parties.

(IV) The reference Court shall expedite the hearing of the matter and decide the same within a period of six months from the date of receipt of this order. Parties to co-operate.

Rule is made absolute in the above terms. No costs. [NITIN B. SURYAWANSHI, J.] Sameer