Laxman Kisan Kuklare v. The State Of Maharashtra And Another

905-wp-4598-2020.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 WRIT PETITION NO.4598 OF 2020 LAXMAN KISAN KUKLARE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Mr. Hajare Abhishek M. AGP for Respondents : Mr. S.B. Pulkundwar ...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J.

DATED : 17th JULY, 2021 PER COURT:- 1.

On 02.07.2021, we had passed the following order: "1.

This petition has been fled on 18.07.2019. Grievance of the petitioner is that the application fled by the petitioner seeking a reference under Section 18 of The Land Acquisition Act, 1894, has been kept pending before the Special Land Acquisition Ofcer for almost 33 years.

2.

The learned AGP submits, purely after perusing the petition paper book, that acknowledgment receipt of having tendered the application under Section 18 appears to be dated 30.12.1986 at page no. 13. However, the copy of the application which is placed on record at page no.14, indicates, below the verifcation, to have been fled some time in March, 1987. He seeks a week time to take instructions so as to make a statement on the next date.

3.

List this petition on 09.07.2021, for passing orders."

2.

The learned AGP submits, on instructions, that the application of the petitioner for referring his matter under Section 18 of the earlier Land Acquisition Act, 1894 was pending before the Special Land

905-wp-4598-2020.odt (2) Acquisition Ofcer for almost 33 years, as the petitioner had not tendered the court fees. Now, recently he has tendered the court fees and the matter is hence forwarded to the appropriate authority under Section 18. 3.

The learned advocate for the petitioner submits that the grievance of the petitioner is redressed and this petition stands worked out.

4.

In view of the above, this petition is disposed of. All contentions based on the factual matrix and the law applicable, are kept open in so far as the proceeding under Section 18 of the Land Acquisition Act, 1894 is concerned.

(S.G. MEHARE. J) (RAVINDRA V. GHUGE, J) Mujaheed//