1 F.A.No.2992 of 2007 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO.2992 OF 2008 Ganpati s/o Sambhaji Jadhav (orig.Claimant) since died through his legal heirs: 1. Devidas s/o Ganpati Jadhav, Age 47 years, Occu.Agriculture, R/o Kolsur (K), Taluka Omerga, District Osmanabad 2. Premnath s/o Ganpati Jadhav, Age 32 years, Occu.Agriculture, R/o Kolsur (K), Taluka Omerga, District Osmanabad 3. Smt.Gayabai w/o Ganpati Jadhav, Age 32 years, Occu.Agriculture, R/o Kolsur (K), Taluka Omerga, District Osmanabad 4. Sau Sukumarbai w/o Kisan Rajole, Age 55 years, Occu.Agriculture, R/o Murum, Taluka Omerga, District Osmanabad 5. Sau Shantabai w/o Indrajit Parshuram, Age 53 years, Occu.Agriculture, R/o Ladwanti, Taluka Basawkalyan, District Bidar, Karnataka 6. Sau Kantabai w/o Ankush Mule, Age 51 years, Occul.Agriculture, R/o Mannali, Taluka Basawkalyan, District Bidar, Karnataka 7. Smt.Mangalabai w/o Venkat Dhage, Age 45 years, Occu.Agriculture, R/o Kolsur (K), Taluka Omerga, District Osmanabad 2 F.A.No.2992 of 2007 8. Sau Kalindabai w/o Waman Rajole, Age 42 years, Occu.Agriculture, R/o Mamdapur, Taluka Nilanga, District Latur 9. Sau Lalitabai w/o Bhaskar Patil, Age 40 years, Occu.Agriculture, R/o Waddarga, Taluka Basawkalyan, District Bidar, Karnataka 10. Sau Tulsabai w/o Dnyaneshwar Bhosale, Age 35 years, Occu.Agriculture, R/o Hipparga, Taluka Omerga, District Osmanabad .. APPELLANTS VERSUS 1. The State of Maharashtra, Through The Collector, Osmanabad, District Osmanabad 2. The Special Land Acquisition Officer, Manjra Project, Osmanabad, District Osmanabad 3. The Executive Engineer, Osmanabad Medium Project, District Osmanabad .. RESPONDENTS Mr R.J.Nirmal, Advocate for appellants Mr P.P. More, Assistant Govt.Pleader for respondents 1 and 2 Mr G.B.Rajale, Advocate for respondent No.3 CORAM : MRS MRIDULA BHATKAR, J. DATE : 20th August 2011 3 F.A.No.2992 of 2007 ORAL JUDGMENT (PER MRIDULA BHATKAR, J.) 1. The appellants have preferred this appeal raising an exception to the judgment and order dated 27.6.2007 passed by the learned Joint Civil Judge, Senior Division, Omergain in Land Acquisition Reference No.228 of 2005 (Old No.9 of 1998) wherein the authority has rejected the said reference. The present appeal is filed by the legal heirs of the original claimant as he died during the pendency of the appeal period. Legal representatives of the original claimant are allowed to proceed with the matter. 2. In the judgment, Reference Court has mentioned that the claimant/appellant did not appear before the Court and did not tender any evidence in support of his claim and, therefore, only on this count it was dismissed. Learned Counsel appearing for the appellants submits that in view of the judgment of this Court in Kawadu Mahadev Bansod Vs. State of Maharashtra and anr., reported in 2004 (4) Bom.C.R.495, and also in another judgment of this Court in Prithaviraj s/o Shaktishinh Khomne & Ors. Vs. State of Maharashtra and anr., reported in 2011 (2) ALL M.R.665, this matter be remanded to the Reference Court. 3. Considering the submissions of the learned Counsel and taking into account the ratio laid down in the above judgments, the matter is remanded to the Reference Court. The judgment and award passed by the Reference Court dated 27.6.2007 is quashed and set aside and 4 F.A.No.2992 of 2007 matter is remitted back. The Reference Court to decide the matter afresh, within a period of six months, in accordance with law. Parties to co-operate without seeking any adjournment before the Reference Court. 4. Appeal is allowed accordingly. ( MRS MRIDULA BHATKAR, J.) (vvr/2992.08fa)