Hanumant Sadashivrao Khandagale v. The State Of Maharashtra Through District Collector And Others
2026:BHC-AUG:12116-DB {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 11 OF 2025 Hanmant Sadashivrao Khandagale
VERSUS
The State of Maharashtra Through District Collector and Others ......
Mr. G.N. Chincholkar, Advocate for Petitioners Mr. R.S. Wani, AGP for Respondents-State ......
CORAM : SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.
DATE : 16 MARCH, 2026 PER COURT :- 1.
Not on board. Taken on board.
2.
The present petition has been filed for following reliefs: "B) By passing appropriate writ, order or direction it may be directed to the Respondent Nos. 1 and 2 to send their file of land reference filed on 18/02/2006 (i.e. at Exhibit-A) to the learned Court of Civil Judge, Senior Division, Mukhed, Dist. Nanded within four weeks. C) By passing appropriate writ, order or direction it may be directed to the Respondent No.1 and 2 to reconstruct their file of land reference filed on 18/02/2006 (i.e. at Exhibit-A) if files is not found in their office and it may be send to the learned Court of Civil Judge, Senior Division, Mukhed, Dist. Nanded within twelve weeks."
2.
The unfortunate petitioner, who had filed the reference under Section 18 of the Land Acquisition Act within time, are still struggling in view of the fact that his reference has not been forwarded by the Special Land Acquisition Officer to the Reference Court.
{2} 3.
t appears that the affidavit of Mr. Vilas Vitthalrao Telang, NaibTahsildar, Sub-Divisional Office, Degloor, District Nanded, is not filed in the present matter, as it has been filed in W.P. Nos. 14097 of 2024, 14116 of 2024 and 14132 of 2024. However, on the last occasion, we had given directions in the said matters to check the Court's record and, therefore, a fresh affidavit of Mr. Anup Shashikant Patil, Sub-Divisional Officer, Degloor, has been produced. He states that an inquiry was made with the Civil Judge, Senior Division, Kandhar and the Civil Judge, Senior Division, Mudkhed; however, they have stated that there is no entry with them of receipt of the files.
4.
There is already a huge delay in the matter and, ultimately, the petitioner is are deprived of getting his reference decided. In these circumstances, it is necessary to permit reconstruction of the file by the Deputy Collector/Special Land Acquisition Officer, Degloor, and the petitioner shall cooperate for the said purpose. The copy of the petitions, i.e. Exhibit 'A', may be given, and such other documents, if the petitioners are in possession thereof, be annexed, and such reconstruction be carried out within a period of fifteen (15) days from today. Thereafter, the said reference be presented/forwarded to the appropriate Court within a period of fifteen (15) days thereafter.
{3} 5.
We would like to specifically mention that the fact that the award was passed on 13.11.2005 and that the reference dated 30.01.2006 was received by the Land Acquisition Officer on 18.02.2006 shall be considered by the Reference Court as well as the Special Land Acquisition Officer.
6.
We direct that a true copy of Exhibit "A", wherein there is an endorsement regarding the receipt of the reference along with the Court fees stamp, be annexed to the reference.
7.
We also direct the Reference Court that, taking into consideration the fact that the petitioners had, in fact, filed the reference in 2006 itself and that it appears that there was no fault on their part, but that the delay has occurred due to the fault on the part of the forwarding authority, the Reference Court shall give preference to this matter and ensure that it is disposed of as expeditiously as possible. 8.
With the aforesaid directions, the writ petition stands disposed of.
[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE S P Rane