← Library
Bombay High CourtWP/297/2018disposed off

Karbhari Sukhdeo Dhatbale And Another v. The State Of Maharashtra And Others

2022-12-15Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Y. G. Khobragade2 pages

( 1 ) 941 wp 297.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 WRIT PETITION NO.297 OF 2018 KARBHARI SUKHDEO DHATBALE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Rathod Abhaya R. AGP for Respondents/State : Mr. S.B. Yawalkar Advocate for R/2 : Mr. Bhalerao Sudhir G.

...

CORAM : MANGESH S. PATIL & Y.G. KHOBRAGADE, JJ.

DATE : 15-12-2022 P.C. :- Heard. The petitioners are claiming compensation in respect of their shares in the land acquired for public purpose. 2.

In the affidavit in reply it has been specifically mentioned by the Special Land Acquisition Officer about the matter having been referred to the Civil Court under Section 30 of the Land Acquisition Act, 1894. The name of the petitioner no.1 appears in the award.

3.

Even if the petitioners now claim that they are unaware of any such proceeding being pending, once their names can be seen in the award if there is a reference under Section 30 they are entitled to appear and put up

( 2 ) 941 wp 297.18 their claim in that proceeding before the Civil Court. We dispose of this writ petition by permitting the petitioner to appear in the proceeding pending before the Court of C.J.S.D., Aurangabad.

[Y.G. KHOBRAGADE, J.] [MANGESH S. PATIL, J.] mub