LAWS(BOM)-2009-6-7

SHIVHAR DIGAMBAR POTDAR Vs. STATE OF MAHARASHTRA

Decided On June 23, 2009
SHIVHAR DIGAMBAR POTDAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Leave to correct prayer clause (C)at the request of learned counsel for the petitioner.

(2.) 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.

(3.) On the face of the said position, coming to the impugned order passed by learned civil Judge, Senior Division, Omerga in Land acquisition Reference No. 607/2005 on 19. 1. 2009, the learned Judge observed that the claimant is required to prove his case by filing documents and adducing cogent and reliable evidence, but although the reference petition was pending since long, the claimant did not submit any document except reference petition exh. 1. He further observed that the claimant and learned Advocate though had the knowledge about the pendency of reference petition but still they failed to adduce and produce evidence and, therefore, the learned Judge proceeded to answer the issue Nos. 1 and 2 in the negative and rejected the reference.