1 of 3 999-WP.3763.2021 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 999 WRIT PETITION NO. 3763 OF 2021 MADHUSUDAN BHARTI GURU ACHUT BHARTI THORUGH SPECIAL POWER OF ATTORNEY NILESH NARSINGRAO PAWADE VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Mr. M. D. Godhamgaonkar, Advocate for the Petitioner. Mr. A. D. Wange, AGP for Respondent-State. ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 8th JANUARY, 2026 P.C.:- 1. Heard both the sides. 2. The petitioner is taking an exception to the judgment and award dated 01.10.2019 passed by learned Joint Civil Judge, Senior Division, Nanded in L.A.R. No.26 of 2010, thereby dismissing the reference in the absence of the Petitioner. 3. Petitioner is the claimant whose land was acquired and award was passed on 01.10.2019. Being aggrieved, they preferred L.A.R. No. 26 of 2010, Petitioner did not adduce any oral or documentary evidence before the Reference Court. They did not punctually prosecute the reference and in there absence, reference was dismissed by the impugned judgment and award. 4. Learned Counsel for the Petitioner is relying on the judgment Tauseef 2026:BHC-AUG:493-DB 2 of 3 999-WP.3763.2021 dated 17.01.2020 passed by the coordinate bench in the matter of Walmik Trimbak Tupe Vs. State and Another in Writ Petition No.1279/2019 and the connected matters. He would pray to pass similar order in the present petition. 5. Learned AGP Mr. A. D. Wange vehemently opposes the submission of the Petitioner. He would submit that Petitioner is the fence sitter. After the impugned judgment and award, there is inordinate delay for them to file the writ petition in High Court. There is no convincing and plausible explanation for the inordinate delay. Learned Reference Court has rightly rejected the reference on merit. He would therefore pray to dismiss the petition. 6. The Petitioner did not adduce evidence when there reference was pending. They failed to prosecute it diligently. Present petition is filed on 23.01.2020. However the Petitioner wants to lead evidence and prosecute the matter on merits. As it is the matter of acquisition of the land, I deem it appropriate to grant one opportunity. Besides that, I propose to follow the same reasons and the course as done by the coordinate bench in the matter of Walmik Trimbak Tupe (supra). 7. Learned Counsel for the Petitioner, on instructions, submits that his client is ready to forego interest from 01.10.2019 to 08.01.2026. This statement is accepted for relegating the parties to the Tauseef 3 of 3 999-WP.3763.2021 Reference Court. I, therefore, pass following order : ORDER (i) The judgment and award dated 01.10.2019 passed by learned Joint Civil Judge, Senior Division, Nanded in L.A.R. No.26 of 2010 is quashed and set aside. (ii) The parties are relegated to the Reference Court by restoring L.A.R. No.26 of 2010 to its original position. Petitioner shall appear before the Reference Court on 09.02.2026. (iii) The concerned Reference Court shall permit the parties to lead oral and documentary evidence in support of their rival contentions. (iv) The Reference Court shall dispose of Land Acquisition Reference as expeditiously as possible and preferable within period of six months from 09.02.2026. (v) The Petitioner shall cooperate for expeditious disposal of the Reference Petition. (vi) Writ Petition is allowed in the above terms. (SIDDHESHWAR S. THOMBRE, J.) Tauseef