WP/13196/2022 of BHALCHANDRA MOTILAL BHAWSAR Vs DEPUTY COLLECTOR, LAND ACQUISITION OFFICER, DHULE AND ANR

1 of 3 1019-wp.13196.2022.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1019 WRIT PETITION NO. 13196 OF 2022 Bhalchandra Motilal Bhawsar, Age : 68 years, Occupation: Agriculture, R/o. Kasare, Tq. Sakri, Dist. Dhule … Petitioner Versus 1. Deputy Collector, Land Acquisition Officer, Dhule. 2. Executive Engineer, (Establishment) Maharashtra State Electricity Board, Nashik. … Respondents ... Ms. Ashwini Deshmukh h/f. Mr. Suniket Kulkarni, Advocate for the Petitioner. Mr. D. R. Korde, AGP for Respondents-State. ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 17th JANUARY, 2026 P.C.:- 1. Heard both the sides. 2. The Petitioner is taking an exception to the judgment and award dated 04.08.2022 passed by learned Civil Judge, Senior Division, Dhule in L.A.R. No.05 of 2015, thereby dismissing the reference in the absence of the Petitioner. 3. Petitioner is the claimant whose land was acquired and award was passed on 01.06.2013. Being aggrieved, they preferred L.A.R. No.05 of 2015, Petitioner did not adduce any oral or documentary evidence before the Reference Court. He did not Tauseef 2026:BHC-AUG:2182 2 of 3 1019-wp.13196.2022.odt punctually prosecute the reference and in his absence, reference was dismissed by the impugned judgment and award. 4. Learned Counsel for the Petitioner is relying on the judgment dated 17.01.2020 passed by the coordinate bench in the matter of Walmik Trimbak Tupe Vs. State and Another in Writ Petition No.1279/2019 and the connected matters. He would pray to pass similar order in the present petition. 5. Learned AGP Mr. D. R. Korde vehemently opposes the submission of the Petitioner. He would submit that Petitioner is the fence sitters. Learned Reference Court has rightly rejected the reference on merit. He would therefore pray to dismiss the petition. 6. The Petitioner did not adduce evidence when his reference was pending. He failed to prosecute it diligently. However the Petitioner wants to lead evidence and prosecute the matter on merits. As it is the matter of acquisition of the land, I deem it ap propriate to grant one opportunity. Besides that, I propose to follow the same reasons and the course as done by the coordinate bench in the matter of Walmik Trimbak Tupe (supra). 7. Learned Counsel for the Petitioner, on instructions, submits that his clients is ready to forego interest from 04.08.2022 t o 17.01.2026. This statement is accepted as an undertaking to this Court. Tauseef 3 of 3 1019-wp.13196.2022.odt I, therefore, pass following order : ORDER (i) The judgment and award dated 04.08.2022 passed by learned Civil Judge, Senior Division, Dhule in L.A.R. No.05 of 2015 is quashed and set aside. (ii) The parties are relegated to the Reference Court by restoring L.A.R. No.05 of 2015 to its original position. Petitioner shall appear before the Reference Court on 19.02.2026. (iii) The concerned Reference Court shall permit the parties to lead oral and documentary evidence in support of their rival contentions. (iv) The Reference Court shall dispose of Land Acquisition Reference as expeditiously as possible and preferable within period of six months from 19.02.2026. (v) The Petitioner shall cooperate for expeditious disposal of the Reference Petition. (vi) Writ Petition is allowed in the above terms. (SIDDHESHWAR S. THOMBRE, J.) Tauseef