Kailas Laxman Khatake vs The State Of Maharashtra Thro ...
2021 Latest Caselaw 950 Bom

                                   1              920-WP-509-2021.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     920 WRIT PETITION NO. 509 OF 2021

                    KAILAS LAXMAN KHATAKE
                               VERSUS
       THE STATE OF MAHARASHTRA THROUGH COLLECTOR,
                   OSMANABAD AND ANOTHER
                                 ......
            Advocate for Petitioner : Mr. More Abhijit S.
         AGP for Respondent No.1-State : Mr. S. P. Deshmukh
                                  .....

                                  CORAM : V. K. JADHAV, J.

DATED : 14TH JANUARY, 2021

PER COURT :-

1. Though the office has raised objection as the matter

pertains to the First Appeal for consideration, however,

learned counsel for the petitioner has pointed out that in

para 6 of the judgment and order passed by the Civil Judge

Senior Division, Paranda in L.A.R. No. 646 of 2011, it is

observed that in spite of taking sufficient time, the claimant

(petitioner herein) has failed to adduce evidence in support

of the claim and therefore, the matter proceeded without the

evidence of the claimant on merit. Learned counsel for the

petitioner submits that the ratio laid down by the Hon'ble

Division Bench of this Court in a reference in Civil Revision

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2 920-WP-509-2021.odt

Application No. 63 of 2017 [Diwakar Prabhakar Chopade v.

The Sub-Divisional Officer (Land Acquisition Officer), Sillod,

District Aurangabad] and other connected matters decided

on 17.10.2019, is squarely applicable to the present case

and in view of the same, the Writ Petition is maintainable.

2. In view of the above submissions and considering the

ratio laid down by the Division Bench of this Court in the

above case, issue notice to the respondents, returnable on

25.02.2021. Learned AGP waives notice for respondent no.1.

( V. K. JADHAV, J. )

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