Bombay High Court
Raosaheb Anna Khot vs The Sub Divisional Officer, ... on 21 February, 2020
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8792 OF 2019
Raosaheb Anna Khot ... Petitioner
Versus
The Sub Divisional Officer,
Ichalkaranji, Dist - Kolhapur and Ors. ...Respondents
Mr. N. P. Deshpande, for the Petitioner.
Mr. Y. D. Patil, A.G.P. for Respondent Nos. 1 and 2.
CORAM : REVATI MOHITE DERE, J.
DATE : 21st FEBRUARY, 2020 P.C. :
1. Heard learned counsel for the Petitioner.
2. By this Petition, the Petitioner has impugned the order dated 2nd July, 2019, passed by the learned Joint Civil Judge, Senior Division, Ichalkaranji, below Exhibit - 27 in Land Reference No.13 of 2017, by which, the learned Judge was pleased to reject the petitioner's application seeking his impleadment in the said land reference.
3. Learned Counsel for the petitioner submitted that notice under Section 9 (3)(4) and 12(2) of the Land Acquisition Act, 1894 (old) was also ::: Uploaded on - 25/02/2020 ::: Downloaded on - 11/06/2020 01:26:14 ::: 2/3 9-wp.8792.2019.doc issued to the petitioner. Learned Counsel relied on page 12 of this petition to show that the said notice was issued to the petitioner. He submits that however when the land reference was made, the petitioner was not impleaded in the said land reference, despite the aforesaid notice being issued to the petitioner.
4. Issue notice to the Respondents, returnable on 3rd April, 2020.
Hamdast permitted. Learned AGP waives notice on behalf of the Respondent Nos.1 and 2. In addition to the Court notice, Petitioner to serve the Respondent Nos. 3 to 8, by Advocate's notice and file affidavit of service before the returnable date.
5. Notice to indicate that an endeavour shall be made to dispose of the petition finally, on its own merits, at the stage of admission, even if none appears on behalf of the said respondents.
6. Learned Counsel for the Petitioner to supply spare copies in the Registry within one week from today, to enable the Registry to issue notice, failing which, the petition shall stand dismissed for non- prosecution, without further reference to the Court. ::: Uploaded on - 25/02/2020 ::: Downloaded on - 11/06/2020 01:26:14 :::
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7. In the meantime, the trial Court dealing with the Land Reference No.13 of 2017, is requested to defer the hearing of the proceedings, after 3rd April, 2020.
REVATI MOHITE DERE, J.
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