Bombay High Court

BHALCHANDRA MOTILAL BHAWSARversusDEPUTY COLLECTOR, LAND ACQUISITION OFFICER, DHULE AND ANR

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The Court quashed the judgment and award, restored the land acquisition reference, and allowed the parties to present evidence.

Summary

The petitioner, a farmer, challenged the dismissal of his land acquisition reference (L.A.R. No.05 of 2015) by the Civil Judge, who had set aside the reference because the petitioner failed to appear or present evidence. The petitioner filed a writ petition seeking to quash the judgment and award dated 04.08.2022 and to restore the reference. The High Court noted that the petitioner had not prosecuted the reference diligently but, relying on the precedent of Walmik Trimbak Tupe v. State, granted him a further opportunity to lead oral and documentary evidence. The Court accepted the petitioner's undertaking to forego interest and ordered the reference to be reinstated and heard expeditiously. Consequently, the judgment and award were set aside, the reference restored, and the writ petition was allowed.

Issues considered

Whether the dismissal of a land acquisition reference for the petitioner's non‑appearance and failure to prosecute is valid.
Whether the petitioner can be permitted to present evidence after such dismissal.
Whether the earlier judgment and award should be set aside and the reference restored.

Subjects

Land Acquisition
Reference Court
Dismissal for non‑prosecution
Writ Petition
Restoration of reference
Procedural fairness
Evidence

Judgment

2026:BHC-AUG:2182
1 of 3 1019-wp.13196.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

1019 WRIT PETITION NO. 13196 OF 2022

Bhalchandra Motilal Bhawsar,
Age : 68 years, Occupation: Agriculture,
R/o. Kasare, Tq. Sakri, Dist. Dhule … Petitioner
Versus
1. Deputy Collector,
Land Acquisition Officer, Dhule.

2. Executive Engineer, (Establishment)
Maharashtra State Electricity Board,
Nashik. … Respondents
...
Ms. Ashwini Deshmukh h/f. Mr. Suniket Kulkarni, Advocate for the
Petitioner.
Mr. D. R. Korde, AGP for Respondents-State.
...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATE : 17th JANUARY, 2026

P.C.:-

1. Heard both the sides.

2. The Petitioner is taking an exception to the judgment and

award dated 04.08.2022 passed by learned Civil Judge, Senior

Division, Dhule in L.A.R. No.05 of 2015, thereby dismissing the

reference in the absence of the Petitioner.

3. Petitioner is the claimant whose land was acquired and

award was passed on 01.06.2013. Being aggrieved, they preferred

L.A.R. No.05 of 2015, Petitioner did not adduce any oral or

documentary evidence before the Reference Court. He did not
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2 of 3 1019-wp.13196.2022.odt

punctually prosecute the reference and in his absence, reference was

dismissed by the impugned judgment and award.

4. Learned Counsel for the Petitioner is relying on the judgment

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. D. R. Korde vehemently opposes the

submission of the Petitioner. He would submit that Petitioner is the

fence sitters. 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 his reference

was pending. He failed to prosecute it diligently. 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 clients is ready to forego interest from 04.08.2022 to

17.01.2026. This statement is accepted as an undertaking to this Court.

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I, therefore, pass following order :

ORDER

(i) The judgment and award dated 04.08.2022
passed by learned Civil Judge, Senior Division,
Dhule in L.A.R. No.05 of 2015 is quashed and set
aside.

(ii) The parties are relegated to the Reference Court
by restoring L.A.R. No.05 of 2015 to its original
position. Petitioner shall appear before the
Reference Court on 19.02.2026.

(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
19.02.2026.

(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

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