Bombay High Court

NAWAZ FAKIR SHAIKHversusTHE STATE OF MAHARASHTRA THR DISTRICT COLLECTOR LATUR AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the Collector must refer the reference application to the Civil Court, Latur within four weeks.

Summary

Nawaz Fakir Shaikh filed a writ petition challenging the handling of his reference application dated 31 May 1999, filed under Section 18 of the Land Acquisition Act. The petition sought direction to the District Collector of Latur to refer the application to the civil court. The High Court, after hearing counsel for both parties, ordered that the Collector must forward the reference application to the Civil Court, Latur within four weeks of receiving the order. No substantive discussion of merits was recorded. The order effectively disposes of the writ petition by directing compliance with the statutory procedure.

Issues considered

Whether the District Collector is required to refer a reference application filed under Section 18 of the Land Acquisition Act to the civil court

Legislation cited

Land Acquisition Act — s. 18

Subjects

Land Acquisition
Section 18
Writ Petition
Civil Court reference
High Court
District Collector

Judgment

2026:BHC-AUG:39559-DB


                                                 1                  40-WP-10582-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 10582 OF 2026

                                     NAWAZ FAKIR SHAIKH
                                            VERSUS
                 THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR,
                                      LATUR AND OTHERS
                                               ...
              Mr. R. V. Gunale, Advocate h/f Mr. Vishwamber D. Gunale, Advocate
              for the Petitioner
              Mr. M. K. Goyanka, AGP for Respondents/State
                                               ...

                                      CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.
                                        DATE : 25th AUGUST, 2026

              PER COURT :

              .            The Writ Petition is disposed of by directing respondent

              No.1 Collector to refer the Reference Application of the petitioner

              dated 31/05/1999, filed under Section 18 of the Land Acquisition

              Act, to the Civil Court, Latur within a period of four weeks from the

              date of receipt of copy of this order.



                  (ABASAHEB D. SHINDE, J.)             (NITIN B. SURYAWANSHI, J.)




              SVH

Continue reading with your account

Checking your session…