1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 3. FA/920/2006 (DEVSINGH GEMSINGH PAWAR Another V/S THE STATE OF MAHARASHTRA AND OTHERS) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.R.Choukidar, Adv., for the appellant. Mr.D.V.Tele, AGP for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 7/1/2010 P.C.:- 1. Heard Mr. S.R.Choukidar, Counsel, and Mr.D.V.Tele, A.G.P., for the appellant/claimant and the State, respectively. 2. A Reference in terms of Section 18 of the Land Acquisition Act was initiated by the appellant/claimant as the agricultural field was acquired. The matter could not be prosecuted by the appellant herein as the Counsel engaged by the appellant Shri Prakash D.Mene expired on 2 21.8.2005. The appellant could not keep track of the matter and, resultantly, the learned Reference Court, after waiting for sufficient time and giving sufficient opportunity, proceeded to decide the matter on its own merits and ultimately dismissed the Reference with costs. Death certificate of Mr. P.D.Mene, Counsel, is produced. 3. I have gone through the Roznama of the proceedings in the form of certified copies. It is apparent, the Counsel could not remain present though the claimant remained present all throughout whenever the matter was called and no fault can be attributed to the claimant. 4. Since the substantial rights of the appellant/claimant are involved and as, during the course of submissions Mr. S.R.Choukidar, Counsel, on behalf of the claimant, has made a statement that no pecuniary benefits shall be claimed by the claimants for 3 the intervening period from the date of order dt.17.12.2005 till this date i.e. 7th Jan.,2010, I find it just and convenient to remit the matter. Hence, order: The appeal is partly allowed. The matter is remitted to the learned Reference Court - the Joint Civil Judge, Senior Division, Nanded, to decide the Reference afresh. In the event the Reference Petition is allowed, the consequential benefit of interest shall be curtailed to the extent of dates referred above. No costs in the appeal. R & P be sent back immediately. (K.U.CHANDIWAL) JUDGE ... agp/920-06fa