Bombay High CourtWP/4314/2016dispossed offdismiss for default

Hariram S/O Nagari Pataihe v. The Public Works Department, Thr. Executive Engineer And Others

2016-08-11Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

WP4314-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4314/2016 (HARIRAM NAGARI PATAIHE VERSUS THE PUBLIC WORKS DEPARTMENT, GONDIA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.M. Pande, counsel for the petitioner.

Shri V.P. Gangane, A.G.P. for the respondents. CORAM : SMT.VASANTI A NAIK AND MRS.SWAPNA JOSHI, JJ.

DATE : AUGUST 11 , 2016.

By this writ petition, the petitioner has challenged the order of the Special Land Acquisition Officer rejecting the application made by the petitioner for referring the dispute in regard to the apportionment of the compensation between the petitioner and the other disputants to the reference Court under Section 30 of the Land Acquisition Act, 1894. It is stated on behalf of the petitioner that the Special Land Acquisition Officer could not have refused to refer the dispute in regard to the apportionment of the compensation to the reference Court under Section 30 of the Act on the ground that the petitioner does not possess the document of title.

Shri Gangane, the learned Assistant Government Pleader, on instructions from the Special Land Acquisition Officer, fairly states that the Special Land Acquisition Officer would make a reference of the dispute to the reference Court under Section 30 of the Act, within three weeks. By accepting the statement made by the learned Assistant Government Pleader, that would be binding on the Special Land Acquisition Officer, we dispose of the writ petition with no order as to costs.

JUDGE JUDGE APTE

WP4314-16 CERTIFICATE copy of original signed Judgment/Order.

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Uploaded on : 12.08.2016.