Muktabai W/O Tulshiram Thorat vs The State Of Maharashtra, Through ...
2016 Latest Caselaw 2602 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                                
                               NAGPUR BENCH, NAGPUR




                                                                                 
                         CIVIL REVISION APPLICATION NO.71 OF 2015




                                                                                
               Muktabai w/o Tulshiram Thorat
               Aged about 70 yrs,
               Occ: Agriculturist, R/o Dhanora,
               Tah. Pusad, Dist. Yavatmal.                                        ....... APPLICANT




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

     1]
                                  
               The State of Maharashtra through
               Collector, Dist. Yavatmal.
                                 
     2]        Executive Engineer,
               Zilla Parishad Irrigation Department,
               Yavatmal, Dist. Yavatmal.
      


     3]       Special Land Acquisition Officer,
              Pusad, Tah. Pusad, Dist. Yavatmal
   



              Lower Pus Project.                                 ....... RESPONDENTS
     ----------------------------------------------------------------------------------------------------
              Shri M.P. Kariya, Advocate for Applicant.
              Shri P.S. Tembhare, AGP for Respondent Nos.1 and 3.





              Shri S.C. Bhalerao, Advocate for Respondent No.2.
     ----------------------------------------------------------------------------------------------------

                          CORAM:  R.K. DESHPANDE, J. 

                                        th      JUNE, 2016.
                          DATE:      7





     ORAL JUDGMENT



     1]                   Admit.



     2]                   Heard finally by consent of the learned counsels appearing




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     for the parties.




                                                                                                                

Shri P.S. Tembhare, the learned Assistant Government

Pleader waives service of notice for respondent Nos.1 and 3 and

Shri S.S. Bhalerao, the learned Counsel waives service of notice for

respondent No.2.

3] Without the evidence being led in the matter of reference

under Section 18 of the Land Acquisition Act, the trial Court has

dismissed the reference by an order dated 05-07-2012. Hence, this

revision application has been preferred.

4] The order impugned cannot be sustained in view of the

decision of this Court in the case of Kawadu Madhav Bansod v. State of

Maharashtra and another reported in 2004(4) Bom.C.R. 495, wherein it

has been held that such an order cannot be sustained.

5] In view of above, the revision application is allowed.

The order dated 05-07-2012 passed by the Reference Court in Land

Acquisition Case No.62 of 2006, is hereby quashed and set aside.

The parties are directed to appear before the Reference Court

on 27-06-2016. The applicant thereafter to produce the witnesses for

examination within a period of three weeks. If the witnesses are not

produced, the Court shall proceed to hold that the applicant do want to

cra71.15.J.odt 3/3

lead any evidence in support of their claim. Needless to say that the

applicant shall not be entitled to interest for the period from 05-07-2012

till this date.

JUDGE

NSN