Ashok Keshavrao Pawar v. Executive Engineer, Minor Irrigation Division, Wardha And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1220 OF 2024 Ashok Keshavrao Pawar, Aged about 70 years, Occu. Cultivator, R/o At present Sudarshan Nagar, Wardha, Tah. & Dist. Wardha.

....PETITIONER ...V E R S U S...

1. Executive Engineer, Minor Irrigation Divisio, Wardha, Tah. & Dist. Wardha.

2. The State of Maharashtra, Through Collector, Wardha Tah. and District Wardha

3. Special Land Acquisition Officer, Vidarbha Irrigation Development Corporation, Wardha.

...RESPONDENTS ------------------------------------------------------------------------------------------- Mr. Vikky S. Gokhale and Mr. R.J. Shinde, Advocates for the petitioner. Ms M.R. Kavimandan, A.G.P. for respondent no.1 and 2/State. Mr. A. M. Deshpande, Advocate for respondent no.3 ------------------------------------------------------------------------------------------- CORAM:- M.W. CHANDWANI, J.

DATE :

- FEBRUARY 11, 2026 ORAL JUDGMENT:

1.

Rule. Rule made returnable forthwith. Heard finally with the consent of both the parties.

2.

The petition challenges the order dated 25.11.2013 passed by the learned Joint Civil Judge, Senior Division, Wardha in Land Acquisition Case No.674/2007.

3.

It appears that the Reference filed by the petitioner for the determination and enhancement of compensation amount was dismissed by the Reference Court by the impugned order for nonfiling of the evidence by the petitioner whose land was acquired by the Land Acquisition Officer.

4.

It is brought to the notice of this Court that the present petition is squarely covered by a similar judgment passed in Writ Petition No.7484/2024 (Gangaram Narayanrao Tayade (dead) through his L.Rs. and others Vs. The State of Maharashtra and another) dated 30.01.2026. Thus, it appears that the issue involved in the present petition is similar to the one discussed in the above petition. Hence, the present petition deserves to be disposed of in terms of above writ petition.

5.

So far as, the delay in approaching the Court is concerned, learned counsel for the petitioner at this stage made a submission that the petitioner would not claim any interest on the enhanced amount from the date of framing of issue by the Reference Court till the date of restoration of the Reference, if it is granted. This

undertaking will take care of the interest of the respondents in that regard. Therefore, the following order is passed: i) The Writ Petition is allowed.

ii) The impugned order dated 25.11.2013 passed by learned Joint Civil Judge, Senior Division, Wardha in Land Acquisition Case No.674/2007 is hereby quashed and set aside. iii) Land Acquisition Case No. 674/2007 is restored to file. The parties are directed to appear before the learned Joint Civil Judge, Senior Division, Wardha in Land Acquisition Case No.674/2007 on 23.02.2026.

iv) The learned Jt. Civil Judge, Senior Division, Wardha is directed to dispose of the matter on the basis of merit as expeditiously as possible and preferably within a period of six months from the date of appearance of the parties. v) Needless to mention that if the petitioner succeeds in getting enhanced amount of compensation, he would not be entitled to get the interest on the amount of compensation and solatium from the date of framing of issue till 23.02.2026.

Rule accordingly.

(M.W. CHANDWANI, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 13/02/2026 20:44:07