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Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTOR LAND ACQUISITIONversusSHANTARAM LAXMAN PATIL

Decided
Disposal
Allowed

Holding

The interim application was allowed in terms of prayer clauses 'b' to 'e' and disposed of, while notice was directed to be issued to the proposed legal heirs of Respondent Nos. 2, 9 and 11, returnable on 1 December 2026.

Summary

This order arises from First Appeal (ST) No. 3266 of 2021 filed by the State of Maharashtra through the Deputy Collector (Land Acquisition), Raigad, along with the State, against Shantaram Laxman Patil and others. The appeal was listed together with several interim applications, namely Interim Application Nos. 8953 of 2025, 8951 of 2025, 8949 of 2025, 2506 of 2021, 2505 of 2021 and 8952 of 2025. The only appearance recorded was that of Mr. A. R. Patil, Additional Government Pleader, for the appellants-State. By the order, Interim Application No. 8949 of 2025 was allowed in terms of prayer clauses 'b' to 'e' for the reasons stated in the application, and the said application was disposed of. In the connected interim applications, the Court directed issuance of notice to the proposed legal heirs of Respondent Nos. 2, 9 and 11, returnable on 1 December 2026. The order is procedural in nature and does not decide the merits of the first appeal. The matter is kept pending for further hearing before the learned Judge.

Issues considered

  • Whether Interim Application No. 8949 of 2025 deserves to be allowed in terms of prayer clauses 'b' to 'e'?
  • Whether notice ought to be issued to the proposed legal heirs of Respondent Nos. 2, 9 and 11 in the connected interim applications?

Subjects

  • land acquisition
  • first appeal
  • interim application
  • proposed legal heirs
  • notice
  • State of Maharashtra
  • civil appellate jurisdiction

Judgment

                                                                                        53-FA(ST)-3266-2021.doc


                                Gayatri
                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION
             Digitally signed
GAYATRI  by GAYATRI
         RAJENDRA
RAJENDRA SHIMPI
SHIMPI   Date: 2026.09.09
             18:09:45 +0530                       FIRST APPEAL (ST) NO. 3266 OF 2021

                                The State Of Maharashtra Thr.
                                The Deputy Collector (Land
                                Acquisition), Raigad And Anr.                   … Appellants
                                           V/s.
                                Shantaram Laxman Patil And Ors.                 … Respondents

                                                               WITH
                                                INTERIM APPLICATION NO. 8953 OF 2025
                                                               WITH
                                                INTERIM APPLICATION NO. 8951 OF 2025
                                                               WITH
                                                INTERIM APPLICATION NO. 8949 OF 2025
                                                               WITH
                                                INTERIM APPLICATION NO. 2506 OF 2021
                                                               WITH
                                                INTERIM APPLICATION NO. 2505 OF 2021
                                                               WITH
                                                INTERIM APPLICATION NO. 8952 OF 2025

                                Mr. A. R. Patil, Addl. GP, for the Appellants – State.


                                                               CORAM      : AMIT BORKAR, J.

                                                               DATED      : SEPTEMBER 8, 2026
                                P.C.:

                                                   INTERIM APPLICATION NO. 8949 OF 2025

                                1.        For the reasons stated in the application, the same is allowed
                                in terms of prayer clauses ‘b’ to ‘e’.

                                2.        The application is allowed and disposed of.




                                                                     1
                                               53-FA(ST)-3266-2021.doc


                             WITH
              INTERIM APPLICATION NO. 8951 OF 2025
                             WITH
              INTERIM APPLICATION NO. 8953 OF 2025
                             WITH
              INTERIM APPLICATION NO. 2506 OF 2021
                             WITH
              INTERIM APPLICATION NO. 2505 OF 2021
                             WITH
              INTERIM APPLICATION NO. 8952 OF 2025


3.   Issue notice to the proposed legal heirs of Respondent Nos.
2,9 and 11, returnable on 1 December 2026.


                                         (AMIT BORKAR, J.)




                               2


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