Bhimgir Rajgir Giri v. The State Of Government Of Maharashtra And Others

*1* 905wp13505o21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13505 OF 2021 BHIMGIR RAJGIR GIRI

VERSUS

THE STATE OF GOVERNMENT OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Shri Patil Shashikiran N. AGP for the Respondents/ State : Shri P.S. Patil ...

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

DATE :- 07th April, 2022 Per Court :- 1.

The challenge in the present writ petition is to the extent of the demand of court fees upon a reference under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2.

The learned advocate for the petitioner submits, on instructions, that the court fees have already been deposited under protest.

3.

The learned AGP submits that the reference is now already forwarded to respondent No.5 and the same is pending adjudication. The learned advocate for the petitioner submits that

*2* 905wp13505o21 the same is pending for about 18 months and respondent No.5 needs to take steps expeditiously.

4.

It is provided for in the Act of 2013 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.5 and is pending for about 18 months.

5.

In view of the above, this Writ Petition is disposed off with a direction to respondent No.5, 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.

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