Bombay High Court

ANIL YASHWANT KARDURE AND ANOTHERversusTHE UNION OF INDIA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The petitioners have not established any right to a fresh award, and the writ of mandamus is not granted.

Summary

The petitioners, Anil Yashwant Kardure and another, filed a writ petition seeking a mandamus directing the National Highway Authority and the Collector of Osmanabad to pass a fresh award because their names were omitted from an earlier compensation award. They alleged that compensation had been paid to private individuals and claimed a right to a share of that compensation. The High Court examined whether the petitioners had established any legal right to the award. The Court found that the award was made in the names of other persons and that the petitioners had not demonstrated any entitlement to the compensation. Consequently, the Court held there was no basis to interfere and dismissed the petition.

Issues considered

What is the petitioners' right, if any, to a fresh award under a writ of mandamus?
Whether the petitioners are entitled to a share of compensation paid to private individuals?

Subjects

writ of mandamus
compensation award
right to claim
High Court of Bombay
National Highway Authority
Collector Osmanabad
civil remedy

Judgment

2026:BHC-AUG:15296-DB


                                                                              11858.17wp
                                                   (1)

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             908 WRIT PETITION NO. 11858 OF 2017

                          ANIL YASHWANT KARDURE AND ANOTHER
                                        VERSUS
                             THE UNION OF INDIA AND OTHERS
                                                  …..
                Mr Sanjay N. Gaikwad, Advocate h/f Mr Niteen V. Gaware, Advocate
                for Petitioners
                Ms A. S. Jadhav, Advocate for Respondent No.1/Union of India
                Mr K. B. Jadhavar, AGP for Respondent No.3/State
                Mr S. S. Manorkar, Advocate for Respondent Nos.2 & 4
                                                …..

                                         CORAM : KISHORE C. SANT
                                                       AND
                                                 SUSHIL M. GHODESWAR, JJ.

                                           DATE : 08th APRIL 2026

                PER COURT :-


                1.           Heard learned Advocate for the respective parties for

                some time.


                2.           The petitioners have failed to establish any right vested in

                them. The petitioners, however, have approached this Court praying

                for a writ of mandamus directing respondent Nos.2 and 3 i.e. National

                Highway Authorities and Collector, Osmanabad to pass fresh award as

                in the earlier award their names have not appeared in the award.
                                                             11858.17wp
                                    (2)

3.           However, as stated above, the petitioners are yet to

establish their right. This Court finds that the award is passed in the

name of some other persons and the private individuals have been paid

compensation. It is for the petitioners to establish their right and to

seek share in the compensation from such private individuals.


4.           In view of above, we do not find any reason to interfere in

the petition. This petition is, therefore, disposed of.




[SUSHIL M. GHODESWAR, J.]                     [KISHORE C. SANT, J.]

sjk

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