Bombay High Court

AVTARSINGH HARMAHENDRASINGH LAMBA AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The amendment to the prayer clause is allowed.

Summary

The petitioners filed a writ petition seeking an order that the Special Land Acquisition Officer refrain from disbursing compensation until the title dispute was resolved by a competent court. After the court's order dated 24 June 2026, the compensation was nevertheless released to respondents numbered 5 to 13. Consequently, the petitioners moved an application to amend the prayer clause of the civil application to reflect this new circumstance. The court examined whether such an amendment was permissible despite the interim disbursement. It allowed the amendment in terms of prayer clause ‘B’ and disposed of the civil application.

Issues considered

Whether an amendment to the prayer clause of a civil application is permissible after the contested compensation has been disbursed.

Subjects

amendment of pleadings
civil application
writ petition
compensation disbursement
land acquisition
procedural law

Judgment

2026:BHC-AUG:39972


                                                   1                         60.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 7633 OF 2026
                                      IN WP/6245/2026
                                          WITH
                              WRIT PETITION NO. 6245 OF 2026
                   AVTARSINGH HARMAHENDRASINGH LAMBA AND OTHERS
                                             VERSUS
                    THE STATE OF MAHARASHTRA THR ITS SECRETARY AND
                                             OTHERS
                                                 ...
                        Advocate for Applicant : Mr. Aghav Abhishek Avinash
                       AGP for Respondent Nos. 1 to 3 : Ms. Meenakshi Sangit
                         Advocate for Respondent No. 4 : Mr. S.V. Deshmukh
                                                 …

                                        CORAM : MANJUSHA DESHPANDE, J.
                                        DATE : 31st AUGUST, 2026


              PER COURT :

              1.           This Application for amendment has been filed to

              incorporate prayers as stated in paragraph no. 11 of the Civil Application.

              2.           It is stated that when the writ Petition came to be filed

              prayer was made seeking direction to the Respondent no. 3 – Special

              Land Acquisition Officer, not to disburse the amount in the acquisition

              until the title between the parties is decided by a competent Court.

              3.           However, after filing of the Petition, the Petitioners have

              gathered knowledge that after passing of the order dated 24.06.2026,

              Respondent no. 3 and his office have shown the compensation amount
                                     2                   60.odt


have been disbursed to Respondent nos. 5 to 13. Therefore, amendment

in the prayer clause as well as averment is necessary.

4.           For the reasons stated in the Application, the Civil

Application is allowed in terms of prayer clause ‘B’.

5.           The Civil Application stands disposed of.




                                     ( MANJUSHA DESHPANDE, J. )




SPC

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