1 W.P.No.7841/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.7841 OF 2011. Mangalabai W/o Sharad Mutha, Age 59 years, Occ.Agri & Household, R/o 83 Maniknagar, Ahmednagar, through her Power of Attorney Shri Ashok Bansilal Mutha, Age 66 years, Occ.Agri. & Business, R/o as above. ... Petitioner. Versus The State of Maharashtra, through the Secretary, Revenue and Forest Department, and Collector,Ahmednagar. ...Respondent. ... Mr.R.R.Mantri, advocate for the petitioner. Mr.R.P.Phatake, Addl. Govt. Pleder for the Respondent. ... CORAM : S.V.GANGAPURWALA,J. Date : 07.10.2011. 2 W.P.No.7841/11 ORAL JUDGMENT : 1. Notice to the Respondent. 2. Mr.R.P.Phatake, learned Addl. Govt. Pleader waives notice for the Respondent. 3. Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for final hearing. 4. The petitioner has filed Reference U/s 18 of the Land Acquisition Act. The parties adduced the evidence. After the evidence is adduced by the parties and the argument of the applicants were heard. The Respondent State moved an application for production of document at Exh. 69. The 2nd Joint Civil Judge (S.D.), Ahmednagar, allowed the said application. Aggrieved thereby, the present petition is filed. 5. Mr.Mantri, learned counsel for the petitioner submits that the said application for production of documents could not have been 3 W.P.No.7841/11 allowed at such a belated stage as the evidence of the parties was over and the petitioner had already advanced his arguments. The petitioner is taken by surprise by production of said documents. The learned counsel further contends that the trial Judge has not only allowed the application of production but has further observed that the evidence of the parties has culminated and as such it is not necessary to adduce any more evidence in respect of the documents produced on record and has posted the matter for judgment. The same is not permissible and is in violation of principles of natural justice. 6. Mr.R.P.Phatake, learned Addl. Govt. Pleader for the Respondent supports the order and submits that the application for production of documents was rightly allowed. The parties have already adduced their evidence. The issue on the point of limitation was already framed. In view of that, it is not necessary for the parties to adduce further evidence. The documents are relevant and material for the effective 4 W.P.No.7841/11 adjudication of the dispute. 7. With the assistance of the learned counsel, I have gone through the order and the application. No doubt, the said documents have been produced at belated stage. The Court has discretion to allow production of documents, if the Court finds that the said document is relevant and material for the adjudication of the dispute. The Court has observed about the relevancy of the said documents. The discretion exercised by the Court in this regard can not be said to be perverse, so as to invoke supervisory jurisdiction of this Court under Article 227 of the Constitution of India. However, it has been found that even though the documents are allowed to be produced by the present Respondent at belated stage, still, the petitioner has been deprived of adducing evidence in respect of those documents. Those documents were not before the Court when the evidence was adduced on behalf of the parties. In such circumstances, the petitioner deserves to be given an opportunity of adducing evidence in that regard. 5 W.P.No.7841/11 8. In the result, the Writ Petition is partly allowed. Though, I am not interfering with the order of the trial Judge in allowing production of the documents vide Exh.69, however, the observation of the learned Judge that petitioner is not required to be given opportunity to adduce evidence can not be sustained. The trial Judge shall allow the petitioner to adduce evidence in respect of the documents produced with list Exh.69. 9. Rule accordingly made partly absolute in view of aforesaid observations. Mr.Phatake, learned Addl. Govt. Pleader shall communicate this order. 10. The parties to act on authenticated copy. (S.V.GANGAPURWALA,J.) asp/office/wp7841.11 6 W.P.No.7841/11