Nivrutti Nama Sonkamble And Others v. The State Of Maharashtra And Others

{1} 994 WP 11872 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 994 WRIT PETITION NO. 11872 OF 2016 NIVRUTTI NAMA SONKAMBLE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr.Nitin S.Kadarale AGP for Respondent Nos.1 to 4 : Mr.S.B.Pulkundwar Advocate for Respondent No.5 : Mr.A.P.Yengure ...

CORAM : R.M.BORDE AND K.K.SONAWANE, JJ.

DATE: 6th April, 2018 PER COURT:- 1) Since there is dispute as regards ownership of land, it is incumbent upon the Land Acquisition Officer to refer the matter to the Civil Court for adjudication. The Land Acquisition Officer shall take appropriate steps to refer the matter to the Civil Court, in accordance with law.

2) In view of above direction, writ petition is disposed of.

3) It would be open for acquiring body to withdraw the amount deposited in this Court and to forward the amount payable under the award together with interest thereon to the Civil Court

{2} 994 WP 11872 of 2016 alongwith reference and it would be for the Civil Court dealing with reference application to pass appropriate order directing disbursement of said amount.

4) All the contentions of the parties are specifically kept open for consideration of the Civil Court.

(K.K.SONAWANE) (R.M.BORDE) JUDGE JUDGE SPT