1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.333 OF 2003 1) Ramabai W/o Bhagwanrao Panse, Age 80 years, Occu. Household, r/o Shimpe-Takli, Tq Majalgaon, District Beed, at present resides at Vidyanagar, Parbhani. 2) Arvind s/o Bhagwanrao Panse, Age 63 years, Occ. Agril. r/o as above. 3) Durgadas s/o Bhagwanrao Panse, age 54 years, Occu. agril. r/o as above. 4) Ashok s/o Bhagwanrao Panse, age 51 years, Occu. agril. r/o Simpe-Takli, Tq. Majalgaon, District Beed at present reside at Vidyanagar, Parbhani. ...PETITIONERS V E R S U S 1) The State of Maharashtra, through Collector, Beed. 2) Tahsildar Majalgaon, Tal. Majalgaon, Dist. Beed. 3) The Land Acquisition Officer, Dy. Collector, Ambajogai, Dist. Beed. ...RESPONDENTS Shri M.R. Challani, Advocate for the Petitioners. Shri D.V. Tele, A.G.P. for the Respondents. CORAM : K.U. CHANDIWAL,J. DATE : 10/03/2010 PER COURT:- 1) Heard Mr. Challani for the Petitioners and Shri 2 D.V. Tele, learned A.G.P. for the State. 2) The petitioners in the capacity of owner of the land Survey No.50 Gut No.131 of village Shimpe-Takli, Tq. Majalgaon, sought to prefer Land Reference in terms of Section 18 of the Land Acquisition Act as the land from the property to the extent of 1 Hector 60 Aar was subject to acquisition. The Petitioners felt that the compensation was inadequate. On 15/12/2002 notice was issued in terms of Section 12(2) of Land Acquisition Act, indicating to remain present before the Authority on 30/12/2002 for receiving compensation. It is the contentions of the petitioner, in terms of mandate under Section 18, on 12/2/2003 the relevant reference was file before the Land Acquisition Officer, Ambajogai and the petitioners claimed compensation of Rs. 3,60,000/-. The petitioner had, by application sought time to deposit the court fee of Rs.5815/- on the Reference Petition. The Land Acquisition Officer passed order on the said application 'scrutiny and put up'. Thereafter, surprisingly letter dated 24/2/2003 was sent by the Land Acquisition Officer informing the petitioner that the Land Reference under Sec. 18 of the Land Acquisition is rejected for non-payment of requisite court fee. 3) This exercise by the learned Land Acquisition Officer is uncalled for. It was expected by the learned Officer to have asked the petitioner Landholders to deposit the court fee which they failed to adhere to. Consequently, the rejection of Land Reference by the learned Land Acquisition Officer being 3 uncalled for and illegal, the order is set aside. The Land Reference to be taken up on its own merit. The Petitioners to deposit the balance court fees before the Authority within (4) weeks. Civil Revision Application allowed in above terms. ( K.U.CHANDIWAL ) JUDGE cmg/cra33303