Bombay High Court

AMOS SALOMAN KALE AND ANRversusTHE STATE OF MAHARASHTRA THR THE REVENUE MINISTER AND ORS

Disposal: Disposed Off

Holding

The Court held that the respondent's undertaking that the land will continue to be used as a cemetery adequately resolves the petitioner's grievance.

Summary

The petitioners filed a public interest litigation alleging that land reserved for a cemetery had been leased by Respondent No.13 to Respondent No.14. Respondent No.14, through counsel, assured the Court that the land would continue to be used as a cemetery. The Court considered this statement as an undertaking sufficient to address the grievance. No further evidence or legal argument was required. Consequently, the Court accepted the undertaking and ordered the petition to be disposed. The judgment was signed by Judges Sharmila U. Deshmukh and Neeraj P. Dhote on September 4, 2026.

Issues considered

Whether the lease of land reserved for a cemetery to a private entity violates the reservation purpose.
Whether an oral/recorded undertaking by the lessee to continue cemetery use suffices to dispose of the PIL.

Subjects

public interest litigation
cemetery land
lease
undertaking
petition disposed

Judgment

56-PIL-85-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

PUBLIC INTEREST LITIGATION NO. 85 OF 2025

Amos Saloman Kale and Another ...Petitioners.
Versus
The State of Maharashtra and Others ...Respondents.
——————
Mr. Yogesh Morbale, i/b. Ms. Seema Pawar for the Petitioners.
Mr. Siddheshwar B. Kalel, AGP for the Respondents-State.
Mr. Kedar Lad, for the Respondent No.6.
Mr. Chetan G. Patil, for the Respondent No.14.
Mr. Sukhanand Rajaram Ranbhise & Mr. Daniel Gaikwad are present in Court.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : September 04, 2026.
P. C. :

1. The grievance in the Public Interim Litigation petition was that

the land, which was reserved for cemetery, has now been leased by

Respondent No.13 to Respondent No.14.

2. The order dated 6th January 2026 records the statement of

learned counsel appearing for the Respondent No.14 that the said land

will continue to be used for cemetery itself.

3. In view of the statement which is made by the Respondent No.14,

the grievance of the PIL petition is addressed. The statement made is

accepted as an undertaking to this Court.

Gaikwad RD 1 of 2
56-PIL-85-2025.doc

4. The petition, therefore, stands disposed of.

[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]

Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.09.07
12:15:20
+0530

Gaikwad RD 2 of 2

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