KALLAPPA HIRGAPPA NAGOBA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for the revision petitioner and the learned A.G.P. for respondents.

(2.) The present revision application is directed against the order rendered by learned Civil Judge, Senior Division, Omerga in Land Acquisition Reference No. 119/2005 on 15.1.2009, thereby rejecting the said reference.

(3.) Learned Counsel for the petitioner invited my attention to the fact that the petitioner had filed Land Acquisition Reference No. 280/ 1997 at District Court, Osmanabad and thereafter it was transferred to the Court of Civil Judge, Senior Division, Omerga, but the petitioner was not aware about the said transfer. Moreover, after the transfer as aforesaid, the said Land Acquisition Reference No. 280/1997 was renumbered as Land Acquisition Reference No. 119/2005. Hence, in view of the said position, the petitioner could not attend the Court at Omerga as well as Advocate appearing in the matter also did not intimate to him accordingly. Hence, due to said communication gap between the petitioner claimant and the Advocate, the petitioner claimant could not remain present before Civil Judge, Senior Division, Omerga on 15.1.2009 and, therefore, the said Land Acquisition Reference No. 119/2005 came to be rejected without affording any opportunity to the petitioner to adduce evidence therein.