1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO. 1994 OF 2009. PETITIONER : Punjaram S/o Raghao Gohokar, aged about 76 years, Occ. Agriculturist and Advocate, R/o Ramnagar, Bokare, Layout, Chandrapur, Tq. & Dist. Chandrapur. -VERSUS- RESPONDENTS: 1 State of Maharashtra through Secretary, Revenue Department, Mantralaya, Fort, Mumbai. 2 The Collector, Chandrapur, Collectorate, Chandrapur. 3 The Sub-Divisional Officer, Rajura, Post Rajura, Tq. Rajura, Dist. Chandrapur. Shri S. R. Deshpande, Advocate for the petitioner. Shri O. D. Kakde, AGP for Respondent nos.1 to 3. CORAM: A. H. JOSHI AND PRASANNA B. VARALE, JJ. DATED: 5th FEBRUARY 2010. ORAL JUDGMENT : (Per A. H. Joshi, J) 1. Rule. Rule is made returnable forthwith and heard by consent. 2. Learned AGP waives service for Respondent nos.1 to 3. 3. The case proceeds on admitted fact namely the award 2 of compensation for land vested in the State Government under the provisions of Maharashtra Agricultural Lands (Ceiling on Holdings) Act was prepared by the Sub Divisional Officer, Rajura. 4. As the award was in excess of Rs.25,000/-, it was submitted to the Divisional Commissioner under Section 25 of the said Act. 5. The Divisional Commissioner without notice to the petitioner reduced the amount of compensation. 6. It is not denied that the petitioner was not heard. 7. On this sole ground, we direct the Divisional Commissioner Nagpur to hear and decide the question as to compensation payable to the petitioner afresh after hearing the petitioner. 8. The petitioner undertakes and is directed to appear before the Divisional Commissioner Nagpur on 1-3-2010. No fresh notice need be served on the petitioner. 9. The petitioner be granted permission to inspect the documents and file the submissions on the points on the basis of which the award proposed by the Sub Divisional Officer was reduced, for which those points be served on the petitioner on a fixed date after he appears before the Divisional Commissiioner. 10. We direct that the Divisional Commissioner, Nagpur shall decide the matter as to payment of compensation to the 3 petitioner within three months from 10-3-2010. 11. In the circumstances, parties are directed to bear own costs. JUDGE JUDGE //MULEY//