1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CIVIL REVISION APPLICATION NO.112/2009, 113/2009, 114/2009, 115/2009, 116/2009, 117/2009, 118/2009 AND 133/2009. Mr.D.R.Jaybhar, adv. for applicants Mr.D.V. Tele, AGP for State. CORAM : P.R. BORKAR, J. DATE : 08 TH OCTOBER, 2009. 1. This civil revision applications are filed by the farmers whose lands were acquired by the respondents for Large Minor Irrigation Project Khadakighat Tq. & Dist. Beed. The award was passed on 11.04.2009. Notice under section 12 (2) of the Land Acquisition Act was issued on 09.05.2009. On 17.06.2009 the revision petitioner in all these revisions filed reference under section 18 of the Land Acquisition Act. However, the applicants have not paid court fees to the reference under section 18 of the Land Acquisition Act and therefore, the respondent No.3 the Special Land Acquisition Officer, Jayakwadi Project, Beed rejected the reference with an order dated 19.06.2009 that the 2 reference submitted without court fees stamps hence rejected. 2. Heard Mr. D.R. Jaybhar advocate for the revision applicants and Shri Tele Ld. AGP for respondents. Learned advocate stated that applications were given with each reference for grant of time of one month for payment of Court. It is mentioned therein that on 09.05.2009 notices under section 12 (2) of the Land Acquisition Act were received and the applicants had not received the compensation and time was required for filing of challan, obtaining court fees. So time of one month for payment of court fees was sought. Mr. Jaybhar relied on two cases. First is in case of Pushpadevi Giridharilal Agrawal and another V/s State of Maharashtra and others reported in 2004 (supp) Bombay CR 934 in that case reference was rejected mainly on the ground of non payment of Court fees. It was observed by Division Bench of this Court that petitioners have shown their willingness to pay court fees and are not disputing their liability to pay Court fee, it would not be just and fair to grant petitioners some time to pay court fees as reference applications cannot be rejected by the Collector without granting reasonable time to pay court fees. Same view is also taken by Single Judge of this Court in case of Manjiri Rangnath Kulkarni and others v/s State of Maharashtra and another reported in 2003 (30 Bom.C.R. 158. Court has observed that “ in similar 3 circumstances reference is filed with deficit court fees , time is sought for payment of court fees, application should not be straight way rejected but reason may be considered and applicant may be given requisite time to pay balance of court fees or required court fees.” 3. In my considered opinion, in this case, respondent No.3 should not have rejected the application without assigning any reason. Reasonable time could have been given. In this view of the matter, I allow all these revisions applications. The order passed by the respondent No.3 Special Land Acquisition Officer rejecting the reference for non payment of court fees are set aside. The revision applications are allowed subject to condition that the revisional applicants to pay required court fees within one month from this order. In case court fees is paid within one month from today, Special Land Acquisition Officer shall accept court fees and shall also accept the reference filed under section 18 and then shall process it and sent it to concerned court according to Law. In case court fees is not paid, Civil revision applications stand dismissed automatically. [ P.R. BORKAR, J. ) Dt : 08.10.2009 aaa/112.09 ***