Bombay High Court

NAMDEV TUKARAM KADAMversusSTATE OF MAHARASHTRA THR THR CHIEF SECRETARY AND ORS.

Disposal: Disposed Off

Holding

The petition is not maintainable as the petitioner has an adequate civil remedy and the court will not interfere.

Summary

The petitioner, Namdev Tukaram Kadam, filed a writ petition challenging a communication dated 22 August 2025 that directed him to seek the appropriate remedy for removal of encroachment on his private land. The petitioner claimed that despite an injunction, Gram Panchayat officials had inserted a third party's name in his land records and that a civil suit had already been filed. The Court examined whether the writ petition was maintainable when an adequate civil remedy, including a pending suit and an injunction, was already available. It held that the petitioner must pursue the civil proceedings for deletion of the third party's name and that the Court cannot entertain the petition on disputed claims. Consequently, the petition was disposed of without further order.

Issues considered

Whether a writ petition is maintainable when an alternate civil remedy is available and already pursued
Whether the High Court can entertain a petition that involves disputed claims already before a civil court

Subjects

Writ petition
Alternative remedy
Civil suit
Encroachment
Jurisdiction
Injunction
Land records

Judgment

                                                             36 wp-12373-2025(c).doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                         CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO. 12373 OF 2025

Namdev Tukaram Kadam.                                           ...Petitioner.
        Versus
The State of Maharashtra and Others.                            ...Respondents.
                            ——————
Mr. Ishan Nayak i/b Datta H. pawar for the Petitioner.
Mr. Siddheshwar B. Kalel, AGP for the Respondent-State.
Mr. Shridhar Patil (thr. V.C.) for the Respondent No. 3, 4 and 5.
                                  ——————
                                     Coram :     Sharmila U. Deshmukh &
                                                 Neeraj P. Dhote, JJ.
                                     Date      : August 24, 2026.
P. C. :

1.         By the present petition, challenge is to the communication dated

22nd August 2025 issued by the Chief Executive Officer, Zilla Parishad,

Kolhapur to the Block Development Officer, Panchayat Samitti, Karvir

relegating the Petitioner to the appropriate remedy for seeking

removal of encroachment on his private land.

2.         Upon a query by this Court as to the alternate remedy of filing

civil suit, learned Counsel appearing for the Petitioner submits that the

civil suit has already been filed. He submits that despite injunction,

officials of the Gram Panchayat have failed to perform their duties and

have instead inserted the name of some third party in records of

Petitioner’s land.



Patil-SR                              1 of 2
                                                      36 wp-12373-2025(c).doc


3.         Considering the relief sought, the Petitioner has an alternate

remedy of approaching the civil Court, which has already passed

injunction order in favour of the Petitioner. It is open for the Petitioner

to adopt appropriate proceedings for deletion of the name of third

parties from the assessment record in accordance with law. Though it is

contended that actionis sought against erring officials, this Court

cannot go into disputed questions pertaining to rival claims. We are not

inclined to entertain the petition when the Petitioner has already

adopted civil remedies.

4.         Petition stands disposed of.



 [Neeraj P. Dhote, J.]                        [Sharmila U. Deshmukh, J.]




Patil-SR                             2 of 2

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