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Bombay High Court

SUMANBAI DATTATRAY KANSE AND OTHERSversusTHE STATE OF MAHARASHTRA THR THE COLLECTOR JALNA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Sub‑Divisional Officer (Bhusampadan) must decide the pending applications under Section 28‑A on their merits within eight weeks of receipt of the order.

Summary

The petitioners filed applications under Section 28‑A of the Land Acquisition Act, 1894 on 20 February 2024, seeking acquisition of land. They approached the High Court by filing Writ Petition No. 12266 of 2026 challenging the delay in adjudication. The Court examined whether the Sub‑Divisional Officer (Bhusampadan) should be directed to decide the applications on their merits. It held that the SDO must dispose of the pending applications without further delay. Accordingly, the Court ordered the SDO to decide the applications within eight weeks of receiving a copy of the order, and the writ petition was disposed.

Issues considered

  • What direction, if any, should the High Court give to the Sub‑Divisional Officer (Bhusampadan) regarding pending applications under Section 28‑A of the Land Acquisition Act, 1894?

Legislation cited

Subjects

  • Land Acquisition
  • Section 28-A
  • Writ Petition
  • Administrative Direction
  • Time‑bound Order

Judgment

2026:BHC-AUG:43279-DB


                                                   *1*                            37.


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                 37 WRIT PETITION NO.12266 OF 2026

                                 Sumanbai Dattatray Kanse And Others
                                              VERSUS
                    The State Of Maharashtra Thr The Collector Jalna And Others
                                                 …..
                      Shri. Vitthal Dnyanoba Bhise, Advocate for the Petitioners
                       Ms. Neha B. Kamble, AGP for the Respondent – State.
                                                 …..

                                       CORAM : NITIN B. SURYAWANSHI &
                                               ABASAHEB D. SHINDE, JJ.
                                       DATE : 22nd SEPTEMBER 2026

                P. C. :-

                .          Writ Petition is disposed of by directing Respondent No.2

                – the Sub         Divisional Officer (Bhusampadan) to decide the

                Applications filed by the Petitioners under Section 28-A of the

                Land Acquisition Act, 1894, on 20.02.2024 on its own merits

                within a period of eight (8) weeks from the date of receipt of

                copy of this order.




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


                GGP


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