LAWS(BOM)-2023-6-22

SHAIKH UMAR SHAIKH JAFAROODIN Vs. STATE OF MAHARASHTRA

Decided On June 16, 2023
Shaikh Umar Shaikh Jafaroodin Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

(2.) This petition filed under Article 226 of the Constitution of India, impugns the judgment and award dtd. 04/01/2011, passed by learned 2nd Joint Civil Judge, Senior Division, Jalna, in Land Acquisition Reference No.1447/2010, thereby rejecting the land acquisition reference as the petitioners failed to adduce evidence.

(3.) Indisputably the issue involved in this petition is covered by the judgment of this Court (Coram: V.K. Jadhav, J.) in Writ Petition No. 12795 of 2019 and connected writ petitions, wherein this Court has held that the reference has to be decided on merits. Since, in those matters, references were rejected due to failure on the part of the petitioners therein to adduce evidence, this Court has held that the reference Court did not decide the references on merits and therefore set aside the orders passed by the reference Court and restored the references and directed to decide the references on merits.