1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO.492 OF 2011 V.I.D.C. ..VS.. DEVIDAS TULSHIRAM THOTE AND OTHERS Office notes, Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders Court's or Judge's orders Shri A.B. Patil advocate for appellant Shri A.B. Naxane, advocate for respondent no.1 Shri S.B. Ahirkar, A G. P. for respondent no.2 & 3.t CORAM : A.B. CHAUDHARI, J. DATE : 15.09.2011. Heard. Learned counsel for the appellant states that the issue involved in the present appeal is covered by the Judgment passed by this court on 25.10.2010 in First Appeal NO.1032/2007. Hence I make the same order, as under: ORDER 1] The first appeal is partly allowed. 2] The impugned judgment and award dated 29.3.2010 in Land acquisition Case NO.350/2007 is set aside. 3] The proceedings of the Land Acquisition Case NO.350/2007 are remitted to the reference court for decision on merit afresh. 4] The reference court is directed to decide the matter as early as possible and in any case within the period of six months from today. 5] Parties shall appear before the reference court on 15.11.2011. 6] It shall be the responsibility of the appellant to inform the respondents about the date of appearance before the reference i.e. 15.11.2011, by personal service or 2 by postal service. 7] In case the appellant fails to carry out the order, the order of remand made by this court shall stand automatically recalled. 8] If the respondents do not appear before the reference court on the date of appearance mentioned above, the reference court may issue notice to the respondents to appear before it. No order as to costs. JUDGE SMP