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2025 DAILYLAW 34010 (BOM)

SHARDABAI HARIBHAU RATHOD v. THE COMPETENT AUTHORITY LAND ACQUISITION AND OTHERS

WP/819/2025 · 2025-01-17

Shri Kishore C Sant

body2025

Judgment text

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( 1 ) wp819.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 907 WRIT PETITION NO. 819 OF 2025 SHARDABAI HARIBHAU RATHOD VERSUS THE COMPETENT AUTHORITY LAND ACQUISITION AND OTHERS Mr.Kiran D. Jadhav a/w. Mr. Vikram L. Bhange, Advocate for the petitioner. Mr.K.S. Patil, AGP for the respondent-State. CORAM : KISHORE C. SANT, J. DATE : 17.01.2025 PC :- 01. This petition is filed challenging order passed by the learned 6th Joint Civil Judge, Senior Division, Aurangabad on application Exh. 108 in LAR No. 99 of 2017. By way of the impugned order, the learned Trial Court has appointed TILR as Court Commissioner to measure the acquired land of Gat No.10 situated at Thapti Tanda, Tal. Paithan and to submit report within one month. While passing the order the learned Judge has made some observations, which are likely to cause prejudice to the present petitioner, who is claimant before the Civil Court. Other grievance raised is that though the order is of 23.08.2024, till today, no measurement is carried out by the Commissioner and no report is submitted till today. The petitioner is 70 years old lady and therefore she is interested in early disposal of the land reference. This Court has 2025:BHC-AUG:1480 ( 2 ) wp819.25 already expedited proceeding of LAR by order dated 24.07.2023 passed in Writ Petition No. 13501 of 2021. 02. Considering the nature of the impugned order, this Court finds that no interference is required as it is only an order of appointment of the Court Commissioner and therefore no notice is required to the respondents. However, since the LAR is of 2017, the Trial Court is directed to dispose of the same as early as possible and within six months from today. 03. With the above observations, the writ petition stands disposed off. [KISHORE C. SANT, J.] snk/2025/jan25/wp819.25