Dhondiba (Kondiba) Nivruti ... vs The State Of Maharashtra Through ...
2023 Latest Caselaw 9766 Bom

                                      1                   919-CRA.132-18.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                               919 CRA NO.132 OF 2018

     DHONDIBA (KONDIBA) NIVRUTI LONDHE (DIED) THROUGH
        ITS L.RS. KALAWATI KONDIBA LONDHE AND OTHERS
                             VERSUS
     THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR,
                     OSMANABAD AND OTHERS

                                     ...
          Advocate for Petitioners/Applicants : Mr. Murge Estling S.
                AGP for Respondent-State : Mr. A. B. Chate.
                                     ...

                                    CORAM :   S. G. MEHARE, J.

                                    DATE :    20.09.2023

     PER COURT :-

1. The learned counsel for the appellants argued that in the

answer to the reference in Civil Revision Application No.63 of

2017, Diwakar Prabhakar Chopade Vs. The Sub-Divisional

Officer (Land Acquisition Officer), Sillod, District Aurangabad

and the Executive Engineer (Civil), Maharashtra State

Electricity Board, Aurangabad and others decided on 17 th

October, 2019, the writ would lie against the order deciding

the reference under Land Acquisition Act without the evidence

of claimant on the basis of material available on record.

2. The facts of the case reveals that since nobody appeared,

the learned Land Acquisition Court decided the matter

2 919-CRA.132-18.odt

considering the material available on record. The Court

appears to have acted as per the principle laid down by the

Supreme Court in the case of Khazan Singh Vs. Union of India,

2002 (2) SCC 242. Therefore, the Court raised question that

whether the impugned judgment and order is an award within

the meaning of Section 26 of the L. A. Act, if it is award, appeal

or the writ would lie. Learned counsel for the appellants

sought time to advance the argument on this issue.

3. Time granted as prayed.

4. Stand over to 26.10.2023.

(S. G. MEHARE, J.)

...

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