The main legal point established in the judgment is that it would be impermissible for the Court to dismiss the reference when the claimants did not participate, and the court cited the judgment of the Apex Court in the case of Khazan Singh (Dead) by LRs. vs. Union of India, AIR 2002 SC 726 to support its decision.

ORDER :

1. All the captioned appeals are arising out the judgment dated 21.06.2018 passed by the learned Principal Senior Civil Judge, Rajula and therefore, the challenge being common, all the appeals are being disposed of by this common order.

2. The details of the first appeals vis-a-vis the reference cases are set out herein for ready reference:

(i) First Appeal No. 4535 of 2022 is arising out of Land Reference Case No. 327 of 2017.

(ii) First Appeal No. 4536 of 2022 is arising out of Land Reference Case No. 326 of 2017.

(iii) First Appeal No. 4537 of 2022 is arising out of Land Reference Case No. 332 of 2017.

(iv) First Appeal No. 4538 of 2022 is arising out of Land Reference Case No. 328 of 2017.

3. Admit. Mr. Ashutosh Dave, learned Assistant Government Pleader waives service of notice of admission on behalf of the respondents.

4. Mr. Nitin Amin, learned Advocate appearing for the appellants, in all the appeals, at the outset, has placed on record the common oral order dated 10.08.2021 passed by the co-ordinate bench in First Appeal No. 2132 of 2021 and other allied matters. It is submitted that all the twenty land reference cases were filed and were heard together and disposed of by the learned Principal Senior Civil Judge, Rajula. Against the judgment and order, 16 appeals were filed before this Court and this Court, accepting the contentions has allowed the First Appeals vide order dated 10.08.2021 whereby, the co-ordinate bench, has remanded the matter to the reference court to decide the same afresh, after giving opportunity to lead evidence to the parties. It is submitted that it is not in dispute that the present group of first appeals, are also arising out of and are identical to the group of Land Reference Case Nos. 325 of 2017 to 339 of 2017. It is therefore submitted that the present group of appeals may also be decided in line with the said order. It is also submitted that upon remand, the land references, have been decided by the Court concerned and the amount of compensation has been enhanced.

4.1. It is submitted that initially, the references were forwarded to the district Amreli in the year 2005 and since then were pending for trial in the Court of learned Principal Senior Civil Judge, Amreli. Owing to the establishment of taluka courts, the references were transferred to Rajula Civil Court and were re-registered, which fact, is strengthened by the details available on the website. It is submitted that on 21.04.2018, request was made for adjournment and thereafter, owing to the summer vacation, the civil courts were closed. The appellants being agriculturists were engaged and occupied with agricultural activities during the season of monsoon as agricultural activities are the only source of their livelihood. Owing to certain confusion and misunderstanding, on the next date of hearing, the appellants could not remain present and the learned Principal Senior Civil Judge, Rajula rejected the reference for want of evidence. It is thereafter, upon inquiry, that it came to the notice of the appellants that the references have been dismissed. It is submitted that the course adopted by the learned Judge, dismissing the reference case, is unusual inasmuch as, the lands have been acquired on permanent basis which, would deprive the appellants of their livelihood. It is submitted that in various decisions rendered by this Court, the course adopted by the court concerned has been held to be impermissible.

4.2. Reliance is placed on the judgment of the Apex Court in the case of Khazan Singh (Dead) by LRs. vs. Union of India, AIR 2002 SC 726. It is submitted that the Apex Court has held and observed that the reference before the Civil Court and thereafter, non-participation of the claimants when the matter is taken up, it would be impermissible for the Court concerned to pass the order for dismissal of reference. It is therefore urged that considering the fact that identical appeals have been decided by this Court so also, the c