JUDGMENT

Sharmila U. Deshmukh, J. - Rule. Rule made returnable forthwith. Mr. S.N. Morampalle, learned AGP waives service on behalf of the respondent - State. At the joint request of learned counsels appearing for the parties, the matter is heard finally at the admission stage.

2. The challenge in the petition is to the Award dated 02.04.2012 passed by the Civil Judge Senior Division, Omerga in L.A.R. No.864 of 2005 dismissing the reference.

3. Heard Mr. Vivekanand V. Ingale, learned Advocate for the petitioner and Mr. S.N. Morampalle, AGP for the respondent - State.

4. The learned counsel for the Petitioner submits that reference under Section 18 of the Land Acquisition Act, 1894 cannot be dismissed for non-prosecution. He would further urge that the reference Court has not decided the claim on merits and dismissed the reference on the ground that the claimant has not bothered to pursue the matter for establishing his claim and has thus failed to adduce any evidence for the purpose of redetermination of the market value of the acquired property. As such, he would contend that the