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Bombay High Court

PRABHAWATI NARAYANRAO CHAUDHARI DIED THR LRS DURGESH N CHAUDHARI AND ANRversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court directs the respondent to verify the record and consider the petitioners' application under Section 91 of the Maharashtra Regional and Town Planning Act, 1966 within four months.

Summary

The petitioners, legal heirs of the deceased Prabhawati Narayanrao Chaudhari, filed a writ petition seeking relief against the State of Maharashtra. They requested that the respondent verify the land record and consider their application dated 24 February 2026, which had been recommended on 28 July 2026, under Section 91 of the Maharashtra Regional and Town Planning Act, 1966. The High Court examined whether the respondent was obligated to act on the application within a reasonable time. Relying on the provisions of Section 91, the Court held that the respondent must verify the record and consider the application. Consequently, the Court disposed of the petition by directing the respondent to complete the verification and consideration within four months from the date of the order.

Issues considered

  • Whether the respondent State is required to verify the land record and consider the petitioners' application under Section 91 of the Maharashtra Regional and Town Planning Act, 1966.

Legislation cited

Subjects

  • Writ Petition
  • Section 91
  • Maharashtra Regional and Town Planning Act
  • Verification of Record
  • Legal Heirs
  • Land Planning

Judgment

2026:BHC-AUG:41449-DB


                                                      {1}                      40-wp-11633-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                     40 WRIT PETITION NO. 11633 OF 2026

              Prabhawati Narayanrao Chaudhari Died Through Legal Heirs Durgesh N
                                       Chaudhari And Another
                                              VERSUS
                               The State Of Maharashtra And Others
                                                  ...
              Mr. A.P. Bhandari h/f Mr. B.A. Chavan, Advocate for the Petitioners
              Mr. V.M. Kagne, AGP for State
                                                .......

                                           CORAM : NITIN B. SURYAWANSHI AND
                                                      ABASAHEB D. SHINDE, JJ.


                                               DATE : 08th SEPTEMBER, 2026
              PER COURT :

              1.       Since innocuous prayer is pressed into service by the Petitioner,

              Writ Petition is disposed of by directing Respondent No. 1 to verify the

              record        and     consider   the   application   of   the   Petitioners   dated

              24.02.2026, recommended on 28.07.2026, under Section 91 of

              Maharashtra Regional and Town Planning Act, 1966, within a period of

              4 months from today.



              (ABASAHEB D. SHINDE, J.)                      (NITIN B. SURYAWANSHI, J.)




              Bhagyawant Punde


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