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Bombay High Court

M/S JASA LUMBAJI AND CO., THR ITS PARTNER HEMANT MANGILAL PARMARversusTHE STATE OF MAHARASHTRA, THR THE CHIEF SECRETARY

Decided
Disposal
Disposed Off

Holding

The writ petition is dismissed; the petitioner must challenge the Tahsildar’s orders through the appropriate statutory remedy.

Summary

The petitioner, M/s Jasa Lumbaji & Co., challenged orders dated 04.12.2025 and 05.12.2025 by the Tahsildar, Thane, which deleted its name from the "other rights" column of the revenue record following a request from the Ministry of Defence. The petition sought directions for compensation under the Land Acquisition Act, 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The High Court held that the petitioner has a regular statutory remedy to contest the Tahsildar's orders and that no ground exists to entertain the writ petition at this stage. Consequently, the court dismissed the writ petition, reserving liberty to the petitioner to challenge the orders in accordance with law. All pending applications, if any, were also disposed of.

Issues considered

  • Whether a writ petition is maintainable to challenge the deletion of the petitioner’s name from the revenue record by the Tahsildar.
  • Whether the court can grant compensation under the Land Acquisition Act, 1894 and the 2013 Act in the present writ proceedings.

Legislation cited

Subjects

  • writ petition
  • revenue record
  • land acquisition
  • compensation
  • Tahsildar
  • Maharashtra
  • Ministry of Defence
  • civil appellate jurisdiction

Judgment

                                                                                    13_WP_12275_26.doc



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
                                         WRIT PETITION NO. 12275 OF 2026


                        M/s. Jasa Lumbaji & Co.,
                        Through Partner Hemant M. Parmar               …             Petitioner
                                     vs.
                        The State of Maharashtra,
                        Through Chief Secretary and others             …             Respondents

                        Ms. Mekhala More a/w. Ms. B. Samel, i/b. The Juris Partners for petitioner.
                        Mr. P. P. Kakade, Addl. GP a/w. Ms. V. S. Nimbalkar, AGP for respondents –
                        State authorities.


                                                           CORAM :     MANISH PITALE &
                                                                       SHREERAM V. SHIRSAT, JJ
                                                           DATE    :   21st SEPTEMBER, 2026


                        P.C. :


                        .        Having heard the learned counsel for the petitioner for some
                        time, we find that as recently as on 04.12.2025 and 05.12.2025, the
                        Tahsildar, Thane allowed applications filed by the Ministry of
                        Defence, Government of India, perhaps represented by respondent
                        No.5 – Defence Estate Officer, and directed deletion of the name of
                        petitioner – company, from other rights column in the revenue record
                        pertaining to the subject lands.


                        2.       It appears that on the basis of the said orders, wide-ranging
                        prayers are being made in this petition for issuing directions to the
                        respondents – State authorities, inter alia, praying for compensation
                        under the Land Acquisition Act, 1894 and The Right to Fair
                        Compensation and Transparency in Land Acquisition, Rehabilitation
         Digitally
         signed by
PRIYA
KAMBLI
         PRIYA KAMBLI
         Date:
         2026.09.21
         17:48:27
                        and Resettlement Act, 2013.
         +0530




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                                                                        13_WP_12275_26.doc




               3.    We are of the opinion that the petitioner, if at all aggrieved by
               the said orders dated 04.12.2025 and 05.12.2025, can challenge the
               same in accordance with law and that no ground is made out for
               entertaining this writ petition at this stage.


               4.    In view of the above, the writ petition is dismissed.


               5.    Liberty is reserved for the petitioner to challenge the orders
               dated 04.12.2025 and 05.12.2025 passed by the Tahsildar, Thane.
               whereby the name of the petitioner – company has been deleted
               from the other rights column of the revenue record pertaining to the
               subject lands. The petitioner shall challenge the same strictly in
               accordance with law. This Court is not expressing any opinion on the
               said aspect of the matter.


               6.    Pending applications, if any, also stand disposed of.




               (SHREERAM V. SHIRSAT, J.)                        (MANISH PITALE, J.)




Priya Kambli



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