← Library
Bombay High CourtCRA/21/2015disposed offdismissed for default

Dagadu S/O Baburao Musale v. The State Of Maharashtra Through District Collector, Parbhani And Others

2015-03-19Hon'Ble Shri Justice M.T. Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 21 OF 2015 Dagadu s/o Baburao Musale, Age : 49 years, Occu. Agri., R/o Gaulwadi, Post Rani-Savargaon, Tq. Gangakhed, Dist. Parbhani PETITIONER

VERSUS

1.

The State of Maharashtra, through the District Collector, Parbhani 2.

The Special Land Acquisition Officer, Marathwada Krushi Vidyapeeth, Parbhani RESPONDENTS ---- Mr. Mahesh P. Kale, Advocate for the applicant Mr. S.R. Palnitkar, A.G.P. for the respondents ---- CORAM : M.T. JOSHI, J.

DATE : 19/03/2015 ORAL ORDER :

1.

Heard both sides.

2.

The learned counsel for the petitioner makes a statement that the other land acquisition reference proceedings, which were filed alongwith the present land

acquisition reference application, are still pending on the file of the learned Civil Judge, Senior Division, Gangakhed. He submits that due to the mistake of the advocate, the petitioner could not remain present in the proceeding and as such, the land acquisition reference application came to be dismissed.

3.

The learned A.G.P. opposed the application.

4.

Upon considering the fact that the other land acquisition reference proceedings are pending, the present civil revision application is allowed without any order as to costs and with further direction that in case any enhancement in the compensation is granted by the reference court, upon restoration of the land acquisition reference application, the petitioner would not be entitled for the statutory interest on the enhanced compensation for the delayed period i.e. from the date of dismissal of the land acquisition reference proceeding till the date of this order.

5.

The parties are directed to remain present before the learned Civil Judge, Senior Division,

Gangakhed in the land acquisition reference application on 20th April, 2015.

.

The present civil revision application is accordingly disposed of.

[M.T. JOSHI] JUDGE npj/cra21-2015