Bombay High Court
GANGADHAR PARASRAM JADHAV AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The review application was not maintainable and was allowed to be withdrawn, with the matter disposed.
Summary
The petitioners, a group of farmers, filed a review application under Section 114 of the Code of Civil Procedure challenging the earlier order that denied them alternate land after their original land was acquired by the State. The State argued that the land had already been acquired, an administration block constructed, and that no grounds existed for a review. The Court examined whether the review met the statutory criteria of Section 114 and Order XLVII Rule 1 and found it did not. Consequently, the petitioners sought to withdraw the review and requested the State Government to consider granting alternate land. The Court allowed the withdrawal, disposed of the review application, and directed the State to consider the alternate land request on its merits within twelve weeks.
Issues considered
- Whether the review application filed by the petitioners is maintainable under Section 114 of the Code of Civil Procedure and Order XLVII Rule 1.
- Whether the State is obligated to grant alternate land to the petitioners following land acquisition.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XLVII Rule 1, Section 114
Subjects
- review petition
- Section 114 CPC
- land acquisition
- alternate land
- withdrawal of review
- high court procedure
Judgment
2026:BHC-AUG:31105-DB
1. RA 273-22 in WP 5486-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AND
HIGH COURT OF BOMBAY BENCH AT AURANGABAD
CIVIL APPELLATE JURISDICTION
REVIEW APPLICATION NO. 273 OF 2022
IN
WRIT PETITION NO. 5486 OF 2018
Gangadhar Parasram Jadhav and Ors. ...Petitioners
V/s.
The State of Maharashtra and Ors. ...Respondents
Mr. R. R. Deshpande, through VC h/f Mr. S. K. Adkine for the Applicant.
Mr. A.R. Kale, AGP for the State-Respondent.
Mr. R. K. Ingole with Mr. S. A. Mulla for the Respondent No.6.
CORAM : ABHAY AHUJA AND KISHORE C. SANT J.J.
(THROUGH VIDEO CONFERENCING)
DATE : 27th JULY, 2026
P.C.:
1. After this Review Application has been heard for a while and the
Court has shown disinclination to entertain the review as it does not
meet the parameters of Section 114 and Order XLVII Rule 1 of the Code
of Civil Procedure, 1908, Mr. Deshpande, learned Counsel appearing for
the Review Applicant, on instructions, seeks to withdraw the Review
Application with a request to direct the State Government to consider
the grant of alternate land to the Applicant, who is a farmer and has
been rendered landless due to the subject acquisition.
Nikita Gadgil 1/2
1. RA 273-22 in WP 5486-18.doc
2. Mr. Kale, learned AGP appearing for the State submits that in
pursuance of the directions of the State Government, the subject land
has already been acquired and the administration block has already
been constructed and is operational and functioning and that no ground
has been made out for review, however, submitting that if a proper
representation is made to the State Government by the Applicant, the
State Government would consider it on its own merits.
3. Having heard the learned Counsel for the Review Applicant and
the learned AGP for the State, the Review Application is allowed to be
withdrawn and disposed of as such.
4. The Respondent-State is requested to consider the request of the
Applicant for allotment of alternate land on its own merits upon a
representation made in this behalf and to be decided preferably within a
period of 12 weeks.
5. The Review Application accordingly stands disposed.
(KISHORE C. SANT, J.) (ABHAY AHUJA, J.)
Nikita Gadgil 2/2
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