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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