JUDGMENT :

Heard.

2. Rule. Rule made returnable forthwith. Heard the writ petition finally with the consent of the learned counsel appearing for the rival parties. Though respondent Nos.3, 5, 6, 8 and 9 were served, they were not present in the Court.

3. The petitioners are aggrieved by an order dated 04/02/2021, passed by the Court of 2nd Joint Civil Judge, Senior Division, Wardha, whereby an application filed by the respondent No.10 for rejection of reference under section 30 of the Land Acquisition Act, 1894 (hereinafter referred to as “Act”), has been allowed. According to the petitioners, once such a reference was made to the aforesaid Civil Court by the respondent No.2-Sub-Divisional Officer, it ought to have been decided on merits, after recording of evidence and that the said Court erred in throwing out the reference at the threshold.

4. In the present case, land located in Mouza Parsodi, Tahsil Seloo, District Wardha, was acquired by the respondent-State. The award determining compensation payable to the claimant was pronounced on 29/03/1988 and since the land in question, was registered in the name of contesting respondent No.10, i.e. the father of the petitioners, the amount