POPAT BAPU DEVKAR AND OTHERSversusDATTU LAXMAN DEVKAR AND OTHERS

2026:BHC-AUG:42710
                                                 1                         913-CA-10474-2026.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               913 CIVIL APPLICATION NO. 10474 OF 2026
                                           IN WP/2770/2025
                                     Popat Bapu Devkar And Others
                                               VERSUS
                                    Dattu Laxman Devkar And Others

                                               WITH
                                   WRIT PETITION NO. 2770 OF 2025
                                Dattu Laxman Devkar And Others
                                             VERSUS
                       The State Of Maharashtra The Secretary And Others
                                                 ...
             Adv.D.R. Adhav for Applicants and Respondent Nos.5,7,9 to 12 in WP.
             Mr.Shinde Chandrakant K. for the Petitioners.
             Mr.Kishor Hoke Patil, AGP for the Respondent/State.
                                                ….
                                   CORAM        : MANJUSHA DESHPANDE, J.
                                      DATE           : 10.09.2026
             PER COURT :

             1.              This Civil Application has been filed by Respondent Nos.5, 7,

             9, 10, 11 and 12 in the Writ Petition. The Petitioners are challenging the

             order dated 25th January, 2025, passed by the Deputy Collector (Land

             Acquisition) Minor Irrigation, Beed. By this order, the objection raised by

             the Petitioners dated 13th September, 2024 has been accepted to the

             extent of Gut No.367. In the impugned order, the Deputy Collector has

             passed an order that so far as the owners of Gut Nos.364, 365, 366, 355

             and 357, whose lands have been acquired for the Plant No.2 at

             Mahindrawadi, Taluka Patoda, District Beed are concerned, they shall be

             entitled for compensation upon furnishing necessary documents.
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2.              It is further observed that so far as the Gut No.367 and 368,

which are adjoining lands, the report of the Deputy Superintendent of

Land Record would be necessary and upon receiving those reports, a

decision would be taken in respect of these two gut numbers. Therefore,

the compensation in respect of these two gut numbers was directed to be

withheld.

3.              The present Applicants are the owners of Gut Nos. 364, 365,

366, 355 and 357. They have filed the present application seeking

direction to vacate the interim relief granted by this Court vide order

dated 5th March 2025. By the said order, this Court had granted interim

relief in terms of prayer clause [D], which reads thus:

              “D] Pending hearing and final disposal of the petition,
              the respondent no. 2 and 3 be restrained from releasing
              the payment of compensation under the award dated
              22/12/2023 in file no. 23/LNQ/SR/24/07.”


4.              After going through the impugned order passed by the

Deputy Collector dated 25th January, 2025, it is evident that the dispute is

regarding the inclusion of Gut Nos.367 and 368 at village Mahendrawadi,

Talauka Patoda, District Beed, therefore, there is no reason for

withholding the amounts of other land owners, whose lands have been

acquired. It is submitted that even geographically those lands are quite

far away from the land, which is under dispute. This position is also not

disputed by the learned Advocate for the Petitioners, who has filed the

Writ Petition.
Sunny Thote
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5.            In view thereof, the order passed by this Court on 5 th March,

2025 is modified by directing that the Applicants shall be entitled for a

compensation according to the Award dated 22 nd December, 2023 passed

by the Deputy Collector (Land Acquisition) Minor Irrigation, Beed.

6.            The restriction imposed by this Court for disbursement of

compensation to the landowners of Gut Nos.367 and 368 shall continue

to operate only to the extent of Gut No.367, till the dispute is resolved.

7.            In view of the aforesaid terms, the Civil Application stands

disposed off.


                                           [ MANJUSHA DESHPANDE, J. ]




Sunny Thote