1 THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4767 OF 2009 Shri.Jiwansing Chagansing Rajput, Age: 26 years, Occ: Agril, R/o. Belwadi (Parsoda), Tq. Vaijapur, District Aurangabad & Anr. ... Petitioners Versus The State of Maharashtra, through the Special Land Acquisition Officer, Aurangabad & Anr. ...Respondents Mr. P.N. Sonpethkar, Advocate for the petitioners. Mr.Umakant Patil, A.G.P. for respondents. CORAM : K.K. TATED, J. DATE : 23rd JULY, 2009. PER COURT : 1. Heard learned Counsel for the petitioners and learned A.G.P. for the respondents. Rule. Rule made returnable forthwith. With the consent of both the parties, matter is taken up for final hearing. 2 2. By the present Writ Petition filed under Article 227 of the Constitution of India, the petitioners are challenging the order dated 14-07-2009 passed by the 5th Joint Civil Judge, Senior Division, Aurangabad below Exhibit-95 in L.A.R. No. 123/1990. The petitioner – original claimant filed application dated 10-07-2009 for examining the Valuer in support of his claim. The said application came to be dismissed by order dated 14-07-2009 on the ground that in spite of giving sufficient opportunity to the petitioner, he failed to do so. The petitioner's case is that because of the accident in his family, he could not take immediate steps for calling Valuer. 3. Considering the facts in the present case, the order dated 14-07-2009 is set aside and the application filed by the petitioner, filed on 10-07-2009 is allowed. This Hon'ble Court by order dated 27-08-2007 in First Appeal No. 229/1999 directed the Reference Court to decide the said Reference within period of three months after 3 receipt of the Record and the Proceedings. Learned Counsel appearing on behalf of the petitioner states that from time to time, time is extended for disposal of the Reference. Considering the order dated 27-08-2007, time is extended till 31-12-2009 to decide L.A.R. No. 123/1990. Learned Counsel appearing on behalf of the petitioner states that next date of hearing in L.A.R. No. 123/1990 is 28-08-2009 and on that date, this witness shall remain present in the trial Court. 4. Rule made absolute in the above terms. (K.K. TATED,J.) sut/JUL09/wp4767.09