Ravindra S/O Gangaram Dabhade v. The State Of Maharashtra, Thr. Collector, Amravati And Others
1/2 23.wp.1589.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1589 OF 2025 (Ravindra Gangaram Dabhade V/s The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R. J. Shinde, Advocate for Petitioner.
Ms. P. C. Bawankule, AGP for Respondent Nos.1 & 2. ---------------------------
CORAM
: ANIL L. PANSARE, J.
DATE : MARCH 24, 2025.
.
Heard.
2.
The issue involved in the present Petition is covered by the order dated 10/2/2025 passed by this Court in Writ Petition No. 251/2025. The reference made under Section 18 of the Land Acquisition Act, 1894 has been dismissed for want of prosecution by the learned Civil Judge Senior Division, Achalpur vide order dated 23/11/2006.
3.
Similar were the facts in Writ Petition No. 251/2025, wherein for delayed approach, this Court had excluded payment of interest as also the statutory benefits from the date of dismissal of suit till filing the Petition. There appears no reason why should some recourse not adopted in the present case. Hence, for the reasons set out in the order dated 10/2/2025 passed by this Court in Writ Petition No. 251/2025, following order is passed.
2/2 23.wp.1589.2025.odt
ORDER
1. Writ Petition is allowed.
2. The order dated 23/11/2006 passed by the Civil Judge Senior Division, Achalpur in Land Acquisition Case No. 15/2002 is quashed and set aside.
3. Land Acquisition Case No. 15/2002 is restored on the file of the Civil Judge Senior Division, Achalpur, for decision afresh in accordance with law with a rider that the Petitioner will not be entitled for interest, including interest on statutory benefits, from the date of dismissal of suit till filing of Petition.
4. The Petitioner shall appear before the trial court on 7th April, 2025.
The Writ Petition is disposed of in above terms with no order as to costs.
(ANIL L. PANSARE, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 25/03/2025 10:52:58