Created by Fuzzy Cloud

Bombay High Court

BHASKARRAO GOVINDRAO GAIKWAD (SINCE DECD) LRS. AND ORS.versusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Disposed Off

Holding

The court held that the petition is disposed as the petitioner withdrew the challenge, and the order shall be implemented by the authorities.

Summary

The petitioners, represented by Bhaskarrao Govindrao Gaikwad (deceased) and others, filed a writ petition challenging an order dated 8 January 2013 concerning the allocation of 3 hectares 68 ares to the respondents and 1 hectare 86 ares to the petitioners. The petitioners, through counsel Mr. S. A. Rajeshirke, informed the court that they no longer wish to pursue the challenge and that the order should be implemented by the authorities under the relevant Act. The court accepted this clarification, noting that the petitioner's withdrawal effectively ends the dispute. Consequently, the court disposed of the writ petition. The interim application filed alongside the petition was also dismissed as it no longer survived the petitioner's withdrawal.

Issues considered

  • Whether the petitioner wishes to continue the challenge to the order dated 8 January 2013 regarding land allocation
  • Whether the order dated 8 January 2013 should be implemented by the authorities under the applicable Act

Subjects

  • land allocation
  • writ petition
  • interim application
  • withdrawal of challenge
  • implementation of order
  • disposal of petition

Judgment

                                                                            44-ia-3000-26+.doc



                                                                                    Sayali


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SAYALI                                CIVIL APPELLATE JURISDICTION
DEEPAK
UPASANI
                                     WRIT PETITION NO. 9267 OF 2018
Digitally signed by
SAYALI DEEPAK
UPASANI
                                                   IN
Date: 2026.09.21
15:20:23 +0530                    INTERIM APPLICATION NO. 3000 OF 2026
                                                   IN
                                     WRIT PETITION NO. 9267 OF 2018


                       Bhaskarrao Govindrao Gaikwad (Since
                      Deced) Thr. Lrs and Others           … Petitioner/Applicant
                                 V/s.
                      The State of Maharashtra and Other   … Respondents

                      Mr. S. A. Rajeshirke, for Petitioner- Applicant.
                      Ms. Seema Sarnaik, Senior Advocate with Ms.
                      Sangeeta Salvi, with Ms. Pooja Chattiar, for, for
                      Respondent nos. 3c to 3f.
                      Mr. Hamid Mulla, AGP for State-Respondent Nos. 1
                      and 2.
                                              CORAM : AMIT BORKAR, J.

                                                   DATED     : SEPTEMBER 21, 2026
                      P.C.:

                      1.      Mr. Rajeshirke, the learned Advocate for the petitioner, on
                      instructions, states that the petitioner is now not interested in
                      pursuing the challenge against the order dated 08 January 2013,
                      with the result that the said order shall be implemented by the
                      authorities under the Act. It is therefore, clarified that the
                      proposed area of 3 Hectors 68 Ares in favour of the respondents




                                                        1
                                                     44-ia-3000-26+.doc


and 1 Hectors 86 Ares in favour of the petitioner as per the
order dated 08 January 2013 shall be given effect to by the
authorities under the Act.

2.   With this clarification, the petition stands disposed of.

3.   The Interim Application also does not survive and is
disposed of.


                                          (AMIT BORKAR, J.)




                                2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.