Navnath Manohar Kamble v. The State Of Maharashtra And Others

2025:BHC-AUG:25221-DB 1 901 WP 12734-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 WRIT PETITION NO. 12734 OF 2018 Navnath Manohar Kamble

VERSUS

The State Of Maharashtra And Others ...

Advocate for the Petitioner : Mr. Tungar Hrishikesh V. And Pawar Haribhau B AGP for Respondents-State: Mr. P. K. Lakhotiya ...

CORAM

: R. G. AVACHAT & ABASAHEB D. SHINDE, JJ.

Dated : SEPTEMBER 18, 2025 PER COURT : - 1.

Heard.

2.

The land of the petitioner has been acquired for public purpose. An award was passed way back in 1995-1996. The petitioner made a reference under Section 18 of the Land Acquisition Act (old). The record indicates that the Special Land Acquisition OfÏcer, Jaikwadi Project, received the same on 26/02/1996. It, however, appears that the ofÏcer did not refer the same to the Court for decision thereon. The petitioner is therefore before us. 3.

The learned AGP informed that search of the ofÏce record indicates that no such reference was in fact received by the ofÏce.

2 901 WP 12734-2018 4.

The petitioner, on oath, stated in the petition itself and even placed on record the copy indicating the acknowledgement of receipt of the reference made by the petitioner. The respondent, therefore, could not be heard to say the same to have not been finding place with their record. It is the bounden duty of the respondent Land Acquisition OfÏcer to refer the same to the Reference Court. Since the original reference is not with his ofÏce, we direct the ofÏcer concerned to reconstruct the same. The petitioner shall produce before the concerned Land Acquisition OfÏcer a copy of the reference made by him, way back in 1995-1996, along with documents he proposes to rely on. Once the documents are received by the Special Land Acquisition OfÏcer, the same shall be referred to the Reference Court within a period of three weeks. The Reference Court shall not raise an issue of limitation, in making such reference. 5.

With these observations, the writ petition stands disposed of. ( ABASAHEB D. SHINDE, J. ) ( R. G. AVACHAT, J. ) vj gawade/-.