Sheshrao Venkatrao Shinde v. The State Of Maharashtra And Others

12785.21WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 WRIT PETITION NO.12785 OF 2021 SHESHRAO VENKATRAO SHINDE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr.S.N. Patil, advocate for the petitioner Mr.S.R. Yadhav - Lonikar, A.G.P. for respondent nos.1 & 2. ...

CORAM : RAVINDRA V. GHUGE & S.G.DIGE, JJ.

DATE : 31.03.2022 P.C. :

1.

Leave to correct the description of respondent no.4.

2.

The learned A.G.P. submits that his office can waive service on behalf of respondent no.4.

3.

On 23.11.2021, this Court had passed the following order :- "1. The challenge in the present writ petition is to the demand of the Court Fees upon Reference U/Sec. 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2003.

2. The learned Counsel submits that the petitioner has already deposited the Court Fees under protest.

12785.21WP

3. Issue notice to the respondents, returnable on 25.01.2022.

4. The learned A.G.P. waives notice for respondents Nos.1 to 3.

5. It is submitted that the reference is already forwarded to respondent No.4 and the same is pending with him for more than one year. The respondent No.4 may take steps to decide it expeditiously.

6. Place the matter on 25th January, 2022."

4.

It is provided for in the 2013 Act that the reference under section 64 will be decided within six months. The petitioner has already deposited the court fees under protest and that would be subject matter of the result of the proceedings. Reference is already forwarded to respondent no.4 and is pending for more than one year. 5.

In view of the above, this petition is disposed off with a direction to respondent no.4, which is now transferred from Nagpur and located at Aurangabad, to decide the said proceedings, as expeditiously as possible, and not later than 30th August, 2022, by giving preference to the case of the petitioner considering the lodging date of the matter.

(S.G.DIGE, J.) (RAVINDRA V. GHUGE, J.) SGA