Bombay High Court

NANA DEVRAO JAGDHANE DIED THR LRS DADASAHEB N JAGDHANE AND OTHERSversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the Collector must consider the petitioners' claim for regularisation of occupation and pass a reasoned order within the stipulated time.

Summary

In Writ Petition No. 11695 of 2026, the petitioners, heirs of the deceased Nana Devrao Jagdhane, sought regularisation of their occupation of a parcel of land. The High Court of Bombay, Aurangabad Bench, referred to its earlier decision in Writ Petition No. 5099 of 2024, which dealt with a similar issue of land regularisation. Relying on that precedent, the Court directed the Collector of Aurangabad to consider the petitioners' claim and to pass a reasoned, speaking order in accordance with law. The Collector was also instructed to call for relevant documents, record statements from subordinates, and provide the petitioners an opportunity of hearing. The order mandated that the entire process be completed within three months from the date the certified copy of the order is produced before the Collector.

Issues considered

Whether the Collector is obligated to regularise the petitioners' occupation of the subject land.
Whether the petitioners are entitled to a hearing and a reasoned order before any decision on regularisation.

Subjects

Land regularisation
Occupation of land
Writ petition
Administrative law
Right to hearing

Judgment

2026:BHC-AUG:41512-DB


                                                1                   64-WP-11695-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 11695 OF 2026

                  NANA DEVRAO JAGDHANE (DIED) THROUGH LRS AND OTHERS
                                             VERSUS
                 THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND
                                            OTHERS
                                               ...
              Mr. Angad Lala Kanade, Advocate for the Petitioner
              Mr. N. D. Batule, AGP for Respondents/State
                                               ...

                                      CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.
                                         DATE : 08th SEPTEMBER, 2026

              PER COURT :

              1.    The issue raised in this petition is squarely covered by the

              decision of this Court dated 25.07.2024 in Writ Petition No.5099 of

              2024 [Nandkishor s/o Dhonduji Salwe Vs. The State of Maharashtra

              and Others].


              2.    For the reasons stated in the said order, the writ petition is

              disposed of by directing the Collector, Aurangabad to consider the

              claim of the Petitioners for regularization of occupation over the

              subject land by passing a reasoned and speaking order strictly in

              accordance with the law.


              3.    For taking appropriate decision, the Collector shall call upon

              the requisite documents and record from his subordinates and shall

              also provide an opportunity of hearing to the Petitioners.




              SVH
                                  2                   64-WP-11695-26.odt


4.    The entire exercise shall be completed by the Collector within

a period of three months from the date certified copy of this order is

produced before him.



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




SVH

Continue reading with your account

Checking your session…