bipin prithiani 1 910-wp-8032.26.doc `IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8032 OF 2026 Arun Krishna Sutar & Ors. … Petitioners Versus The State of Maharashtra & Ors. … Respondents ****** Mr. Nilesh Wable for Petitioners. Mrs. P. M. Joshi-Deshpande, AGP for Respondent-State. Mr. Ajinkya B. Navale i/by Mr. Vishal B. Navale for Respondent Nos.4 and 5. Mr. Aniket Shitole i/by Mr. Vinayak Kumbhar for Respondent Nos.6 and 7. ****** CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ. DATE : 1st SEPTEMBER 2026 P.C. : . The learned counsel for the petitioner informs this Court that in terms of order dated 31st July 2026, efforts were made to serve respondent Nos.6 and 7. While respondent No.7 could be served, respondent No.6 is yet to be served. 2. At this stage, Mr. Shitole, learned counsel submits that he has instructions to appear on behalf of respondent Nos.6 and 7. He makes a statement that vakalatnama on behalf of the said respondents can be filed today. Permission is granted to file vakalatnama on behalf of respondent Nos.6 and 7, within two days from today. BIPIN DHARMENDER PRITHIANI Digitally signed by BIPIN DHARMENDER PRITHIANI Date: 2026.09.02 10:54:29 +0530 bipin prithiani 2 910-wp-8032.26.doc 3. In the order dated 1st July 2026, this Court has observed as follows : “. Heard Mr. Wable, learned counsel for the petitioners. 2. It is the case of the petitioners that in the light of a recent judgement and order dated 02.05.2026 passed by the Reference Court under Section 28-A of the Land Acquisition Act, 1894, the dispute raised by the petitioners with regard to apportionment as per application dated 08.06.2026 submitted before the Special Land Acquisition Officer / Sub-Divisional Officer, ought to be referred to the Competent Court under Section 30 of the aforesaid Act. 3. The Reference Court passed the aforesaid order on a proceeding initiated by respondent Nos.4 and 5. The dispute appears to have arisen between the parties in the backdrop of a suit for declaration and injunction filed by respondent Nos.4 and 5 relying on a Will, which is pending before the Court of Civil Judge Junior Division, Mahad. 4. The learned AGP appearing on behalf of respondent Nos.1 to 3 i.e. the State authorities has instructions to make a statement that the dispute can indeed be referred to the Court under Section 30 of the aforesaid Act. 5. While respondent Nos.4, 5 and 8 to 11 are represented by counsel, today there is no representation on behalf of respondent Nos.6 and 7 as the petition has come up for consideration for the first time. We are of the opinion that this petition can be disposed of on the returnable date in the light of the statement made by the learned AGP and the submissions made on behalf of the respondents already represented by counsel. 6. In view of the above, issue notice for final disposal, returnable on 14.07.2026, to be included in the supplementary list. 7. Mr. Joshi-Deshpande, learned AGP waives notice on behalf of respondent Nos.1 to 3. Mr. Navale, learned counsel waives notice on behalf of respondent Nos.4 and 5. Mr. Sawant, learned counsel waives notice on behalf of bipin prithiani 3 910-wp-8032.26.doc respondent Nos.8 to 11. 8. Additionally, the petitioners are permitted to serve respondent Nos.6 and 7 by way of private service and to file affidavit of service before the next date of listing. 9. In the meanwhile, it is directed that the enhanced amount of compensation as determined by the Reference Court shall not be disbursed till the next date of listing.” 4. Now respondent Nos.6 and 7 are also before this Court. We find that there is indeed a dispute with regard to apportionment between petitioners and respondent Nos.6 and 7. Since the proceedings in the present case are governed by the Land Acquisition Act, 1894, in such a situation, recourse can be had to Section 30 of the said Act, so that the dispute between the parties can be referred to the Competent Court i.e. the District Court at Alibaug. As recorded in the above quoted order dated 1st July 2026, a suit is already pending between the parties with regard to Will relied upon by respondent No.4 before the Competent Court at Mahad Dist. Raigad. 5. At this stage, the learned counsel for the petitioner invited attention of this Court to exhibit ‘G’, which is an application dated 8th June 2026 filed on behalf of the petitioner before the respondent Nos.1 to 3 under Section 30 of the aforesaid Act. Considering the dispute that has arisen between the parties, it would be necessary for the said respondents to refer the dispute, in an appropriate manner, to the Competent Court under Section 30 of the aforesaid Act i.e. the principal Court of original jurisdiction. 6. Since the aforementioned Suit bearing Regular Civil Suit No. bipin prithiani 4 910-wp-8032.26.doc 12 of 2021 filed by respondent No.4 is pending before the Court of Civil Judge, Junior Division, Mahad, Dist. Raigad, it would be appropriate that the aforesaid dispute is also placed before the said Court, to be taken up for consideration with the pending suit. 7. In view of the above, the writ petition is disposed of, directing respondent No.3-Sub-Divisional Officer (SDO) to refer the dispute between the parties to the District Court, Raigad. Upon such papers being received by the District Court, Raigad, the Principal District Judge shall allot the same to the Court of Civil Judge Junior Division, Mahad, where the aforementioned Regular Civil Suit No. 12 of 2021 is pending consideration. 8. The enhanced compensation determined under Section 28A of the aforesaid Act shall be deposited by respondent No.3 before the said Court, within two weeks of referring the dispute. The concerned Court shall deposit the said amount in a fixed deposit to earn interest for the benefit of all the parties. The disbursal of the amount shall be undertaken as per order of the said Court. 9. Pending applications, if any, also stand disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)