Ananda Yeshwanta Matsagar v. The State Of Maharashtra And Others
2024:BHC-AUG:5794
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 62 WRIT PETITION NO.1678 OF 2022 RAMCHANDRA MAHAMAD BAGUL
VERSUS
THE STATE OF MAHARASHTRA & OTHERS ...
Advocate for the petitioner : Adv.Bhaktraj L. Patil h/f. Adv.Chatan T. Jadhav AGP for Respondent-State : Adv.P.R.Bharaswadkar ...
WITH WRIT PETITION NO. 1649 OF 2022 ANANDA YESHWANATA MATSAGAR
VERSUS
THE STATE OF MAHARASHTRA & OTHERS ...
Advocate for the petitioner : Adv.Bhaktraj L. Patil h/f. Adv.Chatan T. Jadhav AGP for Respondent-State : Adv.P.R.Bharaswadkar ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 11.03.2024 P.C. :
1] By way of present writ petitions, the petitioners are challenging the judgments and orders dated 08.08.2017 and 18.07.2019 passed by Joint Civil Judge Senior Division, Vaijapur, District Aurangabad in LAR 926/2010 and LAR No.49/2010 respectively and prays for remand back the
matter to the Joint CJSD, Vaijapur for fresh consideration. 2] The learned counsel for the petitioners submits that on 31.03.1997 the Special Land Acquisition Officer passed an award. Being aggrieved by the said award, the petitioners filed Reference under Section 18 of Land Acquisition Act, 1984. The learned counsel for the petitioners submits that the Reference Court, by orders dated 08.08.2017 and 18.07.2019, rejected References filed by the petitioners on the ground that the petitioners failed to adduce evidence in the references. The learned counsel for the petitioners relies upon the judgment in the case of Walmik Trimbak Tupe Vs. The State of Maharashtra & others in Writ Petition No. 12795 of 2019 along with connected writ petitions, decided on 17th January, 2020 and also in the case of Mahadu Prabhu Matsagar and another Vs. The State of Maharashtra & others in Writ Petition Nos.3023 of 2022 along with connected matters, decided on 28.11.2022 wherein this Court has remanded the matter back for fresh consideration and permitted the petitioners
therein to lead oral and documentary evidence in support of their case and decide the references on merits. He further submits that there are various orders passed by this Court, remanding the references back to decide the references on merits after granting an opportunity to the parties to lead the evidence. The learned counsel for the petitioners further submits that the petitioners would not claim interest or statutory benefits for the delay period.
3] The learned AGP for the respondent - State submits that there is delay caused in filing the present writ petition and that the delay may not be condoned. 4] In view of the submissions made, the judgments and orders dated 08.08.2017 and 18.07.2019 passed by Joint Civil Judge Senior Division, Vaijapur, District Aurangabad in LAR 926/2010 and LAR No.49/2010 respectively, are quashed and set aside and remand the matter back to the Reference Court to decide the same in accordance with law after giving an opportunity to the petitioners to lead the evidence in the matter.
5] The parties to appear before the Reference Court on 25th April, 2024 so as to enable the Reference Court to grant further dates in the matter. The Reference Court to decide the references, as expeditiously as possible. However, it is directed that in the event the petitioners succeed in the matter, the petitioners would not be entitled to claim interest or statutory benefits for the delayed period from the date of order of dismissal of references till filing of the present writ petitions i.e. till 21.12.2021. 6] The Writ Petitions are allowed in above terms. [ARUN R. PEDNEKER] JUDGE DDC