Bombay High Court

SHAIKH ISAQ NABI SHAIKH DECEASED THROUGH SHEKH SATTAR SHEKH ISAQ AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is disposed as the prayer for direction to forward the reference has already been satisfied.

Summary

The petitioners filed a writ petition seeking a direction that the reference filed under Section 18 of the Land Acquisition Act be forwarded to the District Judge. The respondent State produced a communication from the Sub‑Divisional Officer confirming that the reference had already been forwarded to the Principal District Judge and Sessions Judge of Jalna. The Court examined the communication and found that the petitioners' prayer was already fulfilled. Consequently, the Court held that there was nothing left to adjudicate and disposed of the petition. The petitioners were advised that they may approach the reference Court to raise any further claims.

Issues considered

Whether the High Court should issue a direction to forward the reference under Section 18 of the Land Acquisition Act to the District Judge

Legislation cited

Land Acquisition Act — s. 18

Subjects

Land Acquisition
Section 18
Writ Petition
Procedural Direction
High Court

Judgment

                                        1                 947-WP-14510-2021


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                     947 WRIT PETITION NO. 14510 OF 2021

 Shaikh Isaq Nabi Shaikh Deceased Through Shekh Sattar Shekh Isaq & Ors.
                                    VERSUS
                       The State Of Maharashtra & Ors.
                                     …..
Mr. Patil Prakashsing B., Advocate for the Petitioners.
Mr. S. B. Pulkundwar, AGP for Respondent – State.
                                      …..

                                     CORAM : KISHORE C. SANT &
                                                JITENDRA JAIN, JJ.


                                     DATE     : 19th AUGUST 2026.

PC :-

1.        Learned AGP has placed on record a communication issued by the Sub-

Divisional Officer (SDO), Partur, district Jalna, addressed to the Principal

District Judge and Sessions Judge, Jalna, dated 29 February 2023, forwarding

the reference filed by the petitioners with the office of SLAO. On perusal of the

prayers in the petition, it is seen that the prayer is only for a directions to

forward the reference under Section 18 of the Land Acquisition Act to the

District Judge.

2.        In view of communication, it is seen that the prayers in the petition

Kiran Kawre
                                          2                  947-WP-14510-2021


stand satisfied. Thus, nothing remains in the petition. The petition stands

disposed of.

3.        It is open for the petitioner to approach the reference Court and agitate

all the claims.



          [JITENDRA JAIN, J.]                         [KISHORE C. SANT, J.]




Kiran Kawre

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