Bombay High Court

SHANKAR KONDIBA CHIKANEversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal: Disposed Off

Holding

The Court held that the disputed question of fact regarding the cause of death of the cattle requires a civil suit for compensation, not writ relief.

Summary

The petitioner, Shankar Kondiba Chikane, filed a writ petition challenging the State of Maharashtra alleging that his cattle died due to an attack by a wild animal. The Collector of Forest submitted a report stating that the cattle died from a broken jaw, not from a wild‑animal attack, creating a disputed question of fact. The Court examined whether the factual dispute could be resolved by the writ jurisdiction. It held that such factual disputes are not suitable for writ relief and must be adjudicated in a civil suit. Consequently, the petition was dismissed, but the Court granted the petitioner liberty to institute a civil suit for compensation.

Issues considered

Whether the death of the cattle was caused by an attack of a wild animal, constituting a factual dispute appropriate for writ jurisdiction

Subjects

cattle death
wild animal attack
factual dispute
civil suit
compensation
writ petition

Judgment

                                                           84-WP-12443-2025.doc


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

                     WRIT PETITION NO. 12443 OF 2025

Shankar Kondiba Chikane                              ...Petitioner.
        Versus
The State Of Maharashtra And Others                  ...Respondents.
                           ——————
Mr. Rahul P Kasbekar, Advocate for the Petitioner.
Mr. A. P. Vanarase, AGP for the Respondent-State.
                                  ——————
                                    Coram :     Sharmila U. Deshmukh &
                                                Neeraj P. Dhote, JJ.
                                    Date      : September 15, 2026.
P. C. :

1.        The Petitioner has raised disputed question of fact as to whether

the death of cattle was by reason of an attack by wild animal . The

report submitted by the Collector of Forest states that, the death of

cattle had taken place due to the broken jaw and not due to an attack by

the wild animal. Considering the disputed question of fact, it would be

appropriate if the petitioner adopts the remedy of filing a civil suit for

claiming compensation.

2.        The Petition is disposed of with liberty to the Petitioner to file a

civil suit for seeking compensation.



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




Sameer                               1 of 1

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