Kasturabai Omkar Jagtap Died Thr Lrs ... vs The Collector Jalgaon And Others
2024 Latest Caselaw 6526 Bom

Bombay High Court

Kasturabai Omkar Jagtap Died Thr Lrs ... vs The Collector Jalgaon And Others on 1 March, 2024

2024:BHC-AUG:4701



                        IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                   BENCH AT AURANGABAD


                             908 WRIT PETITION NO. 2394 OF 2024

                                   SINDHUBAI PRATAP PATIL
                                          VERSUS
                     THE SPECIAL LAND ACQUSITION OFFICER AND ANOTHER
                                             ...

                                            WITH
                                WRIT PETITION NO. 2395 OF 2024

                                   KASTURABAI OMKAR JAGTAP
                                            VERSUS
                        THE COLLECTOR JALGAON DIST. JALGAON AND OTHERS
                                              ....

                         Advocate for the Petitioner : Mr. Patil Vinod Prakash

                         AGP for Respondents-State : Mrs. P. R. Bharaswadkar
                                                 ...

                                                 CORAM : ARUN R. PEDNEKER, J.

Dated : March 01, 2024 PER COURT :-

1. Heard.

2. Mr. Vinod Patil, the learned counsel for the petitioners submits

that the LAR No.57 of 2006 was dismissed on 30/01/2020 and LAR

No.109 of 2014 was dismissed on 28/03/2023, on account of non

leading of evidence. He relies upon the Judgment of this court in Writ

Petition No.1673 of 2023 and other connected matters, dated

30/03/2023 and submits that wherever evidence is not led by the

parties this court has remitted the matter back with liberty to lead

evidence holding that the reference court has to decide the reference on

2 908 WP 2394-2024

merits and not to dismiss the same on account of non leading of

evidence of the claimants.

3. The learned AGP does not disputes the proposition of law that

where the evidence is not led by the parties this court has remitted the

matter back as mentioned in the order dated 30/03/2023 in Writ

Petition No.1673 of 2023 and other connected matters. However,

submits that there is a huge delay in approaching this court and the

order dated 30/01/2010 and 28/03/2023 are challenged in the present

writ petitions.

4. In response to the submissions of the leaned AGP, the learned

counsel for the petitioners submits that the petitioners would not claim

any interest or statutory benefit for the delayed period from the date of

the dismissal of the reference i.e. 30/01/2010 in LAR No.57/2006 and

28/03/2023 in LAR No.109/2014, till the date of the filing of these

petitions i.e. 22/01/2024 and 13/02/2024 respectively.

5. In view of the submission made, the award of the reference court

is set aside and the matters are remitted back to the reference court to

decide it in accordance with law. The learned counsel for the petitioners

submits that the petitioners would remain present before the reference 3 908 WP 2394-2024

court, on 20/03/2024 and will lead evidence as per the date given by

the reference court. The reference court to decide the reference as

expeditiously as possible and in any event within one (01) year from

the date of production of this order. In the event, the reference court

answers the reference in favour of the claimants, the claimants would

not be entitled for the interest and statutory benefits from the date of

decision of their LARs till filing of the writ petitions, as mentioned

above.

6. The writ petitions are accordingly disposed of.

( ARUN R. PEDNEKER, J. )

vj gawade/-.