5. It appears that the Reference Court by the impugned order
dismissed the reference for absence of the petitioners whose land was
acquired by the Land Acquisition Officer. The petition is covered by
the decision of Division Bench of this Court at Aurangabad in case
Diwakar Prabhakar Chopade Vs. Sub-Divisional Officer (Land
Acquisition Officer), Aurangabad and others [2019 (6) Mh.L.J. 591] as
4 12-wp-7484-24j.odt
well as the decision of this Court in Writ Petition No. 819/2024
(Dhuribai Kalu Jadhav (dead) through LR Vs. The State of
Maharashtra, decided on 02.07.2025), wherein it has been observed
that it is not open for the Reference Court to dismiss the Reference
only for want of no evidence on the part of the applicant, which is
done in this case. Therefore, the impugned order of the Reference
Court cannot survives.