1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.321 of 2007. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The application for withdrawal of the suit and return of the plaint for filing of the same before appropriate forum was moved in the suit (RCS No.660/1993). 3. The suit was filed by the petitioners for apportionment of the amount which was awarded as compensation in Land Acquisition Proceedings. The case of the petitioners before the trial Court was that they are the original owners of the land which came to be acquired. The suit is untenable inasmuch as the Land Acquisition Act is complete Code in itself. There is no difficulty in allowing withdrawal of the suit which is likely to fail due to technical mistake as enumerated in Order XXIII Rule 3(a) of the C.P.C. The liberty is already granted to the petitioners to approach the appropriate forum due to likelihood of dismissal of the suit when they approached this Court in W.P.No.2573/2006. 4. The amount of compensation is already deposited in Court and main Reference for enhancement of the compensation is also pending before the Civil Court. Under these circumstances, it would be in the interest of justice to permit withdrawal of the suit by the petitioners with liberty to file appropriate Reference Application U/s 30 of Land Acquisition Act, before the Collector. The Collector shall consider such Reference Application and take appropriate decision within six (6) weeks. If the Reference is made U/s 30 of the Land Acquisition Act, 1894, the same shall be tagged with Reference Application U/s 18 of the Land Acquisition Act for joint trial and disposal in view of common lis and in order to avoid multiplicity of litigation. The petition is accordingly disposed of with liberty to withdraw the suit as enumerated above. The amount shall not be disbursed for the present till the Reference Application is received from the Collector to the Civil Court if so preferred within the given time. (V.R.KINGAONKAR,J.) Dt.29.06.2009. asp/office/wp321.07