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Bombay High Court

DIGAMBAR S/O BANDU MULE DIED THROUGH LRS. SUDAM DIGAMBAR MULE.versusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The application to implead the applicant as Respondent No.4 is not maintainable before this Court and is dismissed.

Summary

The applicant, Digambar (deceased) through his legal representatives, sought the High Court's permission to be impleaded as Respondent No.4 in a first appeal (No.3138 of 2017) that had already been disposed. He claimed that his name, originally listed as a respondent before the Special Land Acquisition Officer and reflected in the award, was inexplicably removed from the list of claimants in Land Acquisition Reference No.760 of 1997 when the matter was forwarded under Section 19 of the Land Acquisition Act, 1894. The Court examined whether it had jurisdiction to entertain a request to alter the parties in a case that was already concluded. It held that the grievance related to the reference court proceedings and therefore must be raised before that court, not the High Court. Consequently, the application was deemed non‑maintainable and was disposed of, with the applicant directed to approach the appropriate forum for relief.

Issues considered

  • Whether the High Court can entertain an application to implead a party in a first appeal that has already been disposed of.
  • Whether the applicant must approach the reference court for redress of the alleged deletion of his name under Section 19 of the Land Acquisition Act, 1894.

Legislation cited

Subjects

  • land acquisition
  • impleadment
  • jurisdiction
  • civil procedure
  • high court
  • section 19
  • reference court

Judgment

2026:BHC-AUG:39524
                                                                       927-CA-9717-2026.odt
                                                 1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                  927 CIVIL APPLICATION NO. 9717 OF 2026 IN FA/3138/2017

               Digambar S/o Bandu Mule (Died) Through Lrs. Sudam Digambar Mule
                                            VERSUS
                              The State Of Maharashtra And Others

                                             ……
          Mr. D.A. Bide, Advocate for Applicant
          Mr. S.S. Dande, AGP for Respondent No.1-State
                                             …...

                                          CORAM : SIDDHESHWAR S. THOMBRE, J.
                                          DATE       : 29 AUGUST, 2026
          PER COURT :

          1.       By this application, the applicant seeks permission to implead his

          name as Respondent No.4 in First Appeal No.3138 of 2017, which came to

          be disposed of by this Court on 20.07.2026.


          2.       Learned counsel for the applicant submits that the applicant was a

          respondent before the Special Land Acquisition Officer (SLAO) and his name

          was also reflected in the Award/E-Statement, as shown in the 7/12 extract.

          However, it is submitted that, while forwarding the reference to the

          concerned Civil Court under Section 19 of the Land Acquisition Act, 1894,

          the name of the applicant, namely, Digamber Bandu Mule, came to be

          deleted from the array of claimants in Land Acquisition Reference No.760 of

          1997 by the SLAO, without any reason and without obtaining permission

          from the concerned Officer or the competent Court.
                                                                     927-CA-9717-2026.odt
                                          2

3.         Having heard the learned counsel for the applicant, it appears that

the grievance raised by the applicant pertains to the proceedings before the

learned Reference Court. Therefore, the applicant would be required to

approach the concerned Court for appropriate relief. The present

application, therefore, is not maintainable before this Court and is

accordingly disposed of.


4.         Needless to state that the applicant is at liberty to file an appropriate

application before the concerned Court for redressal of his grievance, in

accordance with law.


5.         The Civil Application stands disposed of accordingly.




                                                [ SIDDHESHWAR S. THOMBRE ]
                                                          JUDGE
S P Rane


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