Sheshrao Ganpati Thosar (Died) ... vs The State Of Maharashtra
2021 Latest Caselaw 3155 Bom

                                 {1}              FA 1294 OF 2006 & ORS.


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                   932 FIRST APPEAL NO.1294 OF 2006

              SHESHRAO GANPATI THOSAR THR. LRS.
                              VERSUS
                   THE STATE OF MAHARASHTRA
                                  ...
          WITH CA/14942/2019 IN FA/1295/2006 WITH
      CA/14943/2019 IN FA/1294/2006 WITH FA/1295/2006
                                  ...
        Advocate for Appellants : Shri Babasaheb A. Dhengle
              AGP for Respondent : Shri P.M.Kulkarni
                                  ...
                               CORAM :   M.G.SEWLIKAR, J.

                               DATE:     17th February, 2021

 PER COURT:-


 1.       Heard.

2. Shri B.A.Dhengle, learned counsel for the appellants

submits that similar matters have been remanded to the

Reference Court on the ground that the Acquiring Body was not a

party to the Reference. He has tendered across the Bar the order

dated 11-12-2019 passed in First Appeal No.289 of 2014 and

other First Appeals. He submitted that in all the matters arising

out of the same project, the appeals are remanded to the

Reference Court on the ground that Acquiring Body was not a

party to the Reference.

{2} FA 1294 OF 2006 & ORS.

3. Learned AGP for the respondent-State also concedes this

position.

4. In view of this, the impugned Judgment passed by the

Reference Court is set aside. Matters are remanded to the

Reference Court.

5. The Reference Court is directed to add the Acquiring Body

as a party respondent. The Reference Court shall give

opportunity to lead evidence to both the sides.

6. With these directions, appeals are disposed of. Pending

Civil Applications stand disposed of.

7. Record and Proceedings be sent back to the Reference

Court forthwith.

( M.G.SEWLIKAR ) JUDGE SPT