1 919 WP 13672 OF 2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 919 WRIT PETITION NO. 13672 OF 2024 BABU SHAMRAO GHOGARE VERSUS THE STATE OF MAHARASHTRA THROUGH THE DISTRICT COLLECTOR AND OTHERS ... Mr. V. S. Undre, Advocate for the Petitioner Mr. B. V. Virdhe, AGP for Respondent Nos.1 and 2 – State … CORAM : AJIT B. KADETHANKAR, J. DATED : 14th October 2026 P.C. :- . Mr. V. S. Undre, learned Advocate for the petitioner would submit that the present Writ Petition is filed taking exception to the dismissal of Land Acquisition Reference No.342 of 2017 filed by the petitioner under Section 18 of the Land Acquisition Act. 2. He would submit that the petitioner could not prove any evidence before the Reference Court, and therefore, the Reference Court assessed material before it and then passed the dismissal order considering the merits of the case. He fairly submits that this Court called upon the petitioner to seek instructions/opinion from the Registry as to whether Writ 2026:BHC-AUG:49346 2 919 WP 13672 OF 2024 Petition would lie in the present matter or whether the petitioner would be required to file First Appeal. 3. It is apprised to the Court that the Registry has instructed the petitioner that in such circumstances, the petitioner has to file First Appeal. In view of this, Mr. Undre, learned Advocate seeks leave to withdraw the petition with liberty to file First Appeal challenging the dismissal of the Land Acquisition Reference. 4. Leave granted. 5. The Writ Petition stands disposed of as withdrawn with leave as prayed. 6. Mr. Undre, learned Advocate for the petitioner submits that he shall mention the pendency of the present Writ Petition while seeking condonation of delay, if any, caused in filing the First Appeal. 7. All contentions are kept open. ( AJIT B. KADETHANKAR, J. ) PRW