Bombay High Court
SHASHIKANT MARUTI HADGALversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is disposed of as the grievance has been addressed by the departmental enquiry, and no further directions are required.
Summary
The petitioner sought registration of an offence against the intervenor for allegedly paying an excess amount to farmers during land acquisition under the National Highways Act, 1956, relying on a report dated 27.01.2020. The Government conducted a departmental enquiry, the findings of which (report dated 12.11.2025 and communication dated 03.02.2026) were placed on record and indicated that no such accusation was proved. The court observed that the grievance had already been addressed by the enquiry and found no need for further judicial directions. Consequently, the criminal writ petition was disposed of, subject to the final outcome of the departmental enquiry, and the pending criminal application No. 352 of 2022 was also dismissed. Additionally, the court ordered the Rs.50,000 already deposited to be paid to the Deepstambh Foundation with interest.
Issues considered
- Whether the petitioner’s request for registration of an offence against the intervenor should be entertained in view of the departmental enquiry findings.
- Whether the court should issue any further directions pending the final outcome of the departmental enquiry.
Legislation cited
Subjects
- criminal writ petition
- departmental enquiry
- registration of offence
- land acquisition
- National Highways Act
- petition disposed
Judgment
2026:BHC-AUG:42165-DB
915 CRIMINAL WRIT PETITION NO. 873 OF 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
915 CRIMINAL WRIT PETITION NO. 873 OF 2021
Shaikh Jamil Shaikh Chand
Versus
The State Of Maharashtra And Others
__________________________________________________________
• Adv. Chandrakant V. Thombre for the Petitioner
• Ms. U. S. Bhosale, A.P.P. for State
• Adv. Jiwan J. Patil a/w. Adv. Vishnu B. Madan for
applicant in Cri.Appln/352/2022
• Adv. C. V. Thombre for Respondent No. 5 in
Cr.Appln/352/2022
__________________________________________________________
WITH
CRIMINAL APPLICATION NO. 352 OF 2022
IN WP/873/2021
...
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : SEPTEMBER 08, 2026
PER COURT :
1) Heard.
2) Though the petitioner has prayed for
registration of an offence against the intervenor on the
basis of the report dated 27.01.2020, but today the learned
A.P.P. placed on record the communication dated
03.02.2026 along with the report dated 12.11.2025
mentioning that the Government has conducted the
Departmental Enquiry against the intervenor for the
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915 CRIMINAL WRIT PETITION NO. 873 OF 2021
accusation that he paid an extra amount of
Rs.37,50,05,051/- to the concerned farmers for acquisition
of land under National Highways Act, 1956. The said
communication and report are taken on record and marked
'X' collectively for identification.
3) On going through the said report, it is clearly
evident that even after thorough enquiry, no such
accusation is proved against the intervenor.
4) Learned A.P.P. further submits that the report
of the Departmental Enquiry had already been forwarded
to the concerned Minister and the said report may either be
accepted or further enquiry may be directed.
5) Therefore, when the grievance of the petitioner
in this petition is already dealt with, we do not find any
necessity to issue further directions in the matter.
Therefore, we dispose of the present Criminal Writ Petition,
subject to the final outcome of the report of the
Departmental Enquiry against the intervenor.
6) The amount of Rs.50,000/- which is already
deposited be paid to the Deepstambh Foundation Manobal
along with accrued interest thereon till date, as per the
following bank details :
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915 CRIMINAL WRIT PETITION NO. 873 OF 2021
i. Bank Name : ICICI Bank
ii. Account Name : Deepstambh Foundation
iii. Account Number : 037501008110
iv. Account Type : Savings
v. IFSC Code : ICIC0000375
vi. Accountant Contact No. : 8459558844
(Anup Chaudhari)
7) In view of the disposal of the main Writ Petition,
the pending Criminal Application No. 352 of 2022 also
stands disposed of.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
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