44 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 44 WRIT PETITION NO. 727 OF 2022 Virappa @ Peerappa Bhima Khanapure (Deceased) through LRs. Babu Virappa @ Peerappa Khanapure And Others VERSUS The State Of Maharashtra And Others ... Advocate for the Petitioners : Mr. Pradeep V. Ambade Addl.GP for Respondent Nos. 1 and 2 : Ms. K. B. Patil – Bharaswadkar Advocate for Respondent No. 3 : Mr. M. N. Kalyane h/f. Mr. G. B. Rajale ... CORAM : ROHIT W. JOSHI, J. DATE : JUNE 30, 2025 O R D E R : 1. The present petitioners are legal representatives of original claimant in L.A.R. No. 866/2005 (old no. 382 of 2001). After making application as contemplated under Section 18 before the Land Acquisition Officer, the original claimant – Virappa @ Peerappa Bhima Khanapure expired on 06.08.2000. 2. The reference made by the learned collector under section 18 of the Land Acquisition Act, 1894 was received by the learned Civil Court on 29.11.2000. However, since then the original claimant had expired and legal representatives were not brought on record. The reference came to be decided in the absence of any effective contest on merits vide judgment and order dated 19.11.2008. komal kamble page 1 of 2 44 3. Though styled as a judgment, the order dated 19.11.2008 is not an order adjudicating the reference on merits, but dismissing the same for want of appropriate prosecution by the original claimants, a reference application cannot be dismissed for want of prosecution. 4. In view of the aforesaid, the judgment and order dated 19.11.2008 passed by the learned Civil Judge, Senior Division, Omerga in L.A.R. No. 866/2005 is quashed and set aside and the matter is remitted to the learned Reference Court for deciding the reference afresh in accordance with law. 5. Having regard to peculiar facts of the case where legal representatives of original claimant were not brought on record, although he had died on 06.08.2000, the petitioners will not be entitled to interest from 29.11.2000 i.e. date on which the reference application was received by the learned Reference Court till 23.12.2021 i.e. the date of filing of the present petition. [ROHIT W. JOSHI] JUDGE komal kamble page 2 of 2