1 wp 5569.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5569 OF 2011 Mehtab Thansing Rathod, Age : 55 Years, Occu. : Agril., R/o Galan, Tq. Pachora, Dist. Jalgaon. .. .. Petitioner Versus 1. The State of Maharashtra, Through the Special Land Acquisition Officer, J. P. - 1, Aurangabad. 2. Pandit S/o Wamanrao More, Age : 50 Years, Occu. : Agril., R/o Uppalkheda, Tq. Soygaon, Dist. Aurangabad. .. .. Respondents Shri A. M. Hajare, Advocate for the Petitioner. Shri K. B. Choudhari, A.G.P. for the Respondent/State. Shri A. R. Borulkar, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA, J. DATE : 13TH SEPTEMBER, 2011. ORAL JUDGMENT : . Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing. 2 wp 5569.11 2. The Special Land Acquisition Officer had made a reference U/Sec. 30 of the Land Acquisition Act to the District Court. The present petitioner filed an application for impleading Rajaram as party on the count that he is an interested person and he has sold the property to the present respondent No. 2. The said application is rejected. Aggrieved thereby the present petition is filed. 3. Heard Shri Hajare, the learned counsel for the petitioner and Shri Borulkar, the learned counsel for the respondent No. 2 and the learned Assistant Government Pleader for the respondent No. 1. 4. With the assistance of the learned counsel I have gone through the order. The Court has observed that said Rajaram is not a necessary party as he has sold his property to the present respondent No. 2. 5. When a reference is made U/Sec. 30 of the Land Acquisition Act, it would involve the enquiry about the rights and interest of the respective party and apportionment of the shares. In such circumstances, the enquiry as to the right, title and 3 wp 5569.11 interest cannot be ruled out. In such circumstances, it was erroneous on the part of the Trial Court to reject the application for addition of party. 6. In view of the above the impugned order is quashed and set aside and the application Exhibit 41 filed in L.A.R. No. 02/1011 is allowed. The Trial Court shall expeditiously deal with the said reference. The Rule is made absolute in above terms, with no order as to costs. Sd/- [ S. V. GANGAPURWALA, J. ] bsb/Sept. 11