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Bombay High Court

LATE JAYSING SHANKAR POWAR (SINCE DECD) THROUGH LRS. AND ANR.versusTHE STATE OF MAHARASHTRA THROUGH ADDITIONAL CHIEF SECRETARY, REVENUE AND FOREST DEPT. AND ORS.

Disposal
Disposed Off

Holding

The petition is dismissed as the matter is covered by the Supreme Court's decision in Indore Development Authority v. Manohar Lal.

Summary

The petition was filed by the legal representatives of the late Jaysing Shankar Powar challenging a decision of the State of Maharashtra. The petitioner argued that the matter should be decided on principles laid down by the Supreme Court in Indore Development Authority v. Manohar Lal. The Court examined whether the relief sought fell within the scope of that precedent. Relying on the Supreme Court’s ratio, the Bench held that the issues raised were already settled by the higher court. Consequently, the writ petition was dismissed without any order for costs.

Issues considered

  • Whether the relief sought in the writ petition is covered by the Supreme Court's decision in Indore Development Authority v. Manohar Lal

Subjects

  • Writ Petition
  • Supreme Court precedent
  • Dismissal
  • Civil Procedure

Judgment

                                                   6 - WP - 14156 - 2016 (C).docx


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                       CIVIL APPELLATE JURISDICTION
                  WRIT PETITION NO. 14156 OF 2016
Late Jaysing Shankar Powar (since
Decd) Through Lrs. And Anr                                     ...Petitioners
              VERSUS
The State Of Maharashtra Through Additional Chief
Secretary, Revenue And Forest Dept. And Ors                 ...Respondents
                              ——————
Adv. Utkarsh Desai i/b Prashant Bhavake, for the Petitioner
Mr. Santosh A. Jadhav, Govt. Counsel, Panel B.
Adv. Anand Patil a/w Adv. Soham Powar a/w Adv. Pratik Bhakare for the
respondent no. 6.
                              ——————
                                 Coram : RAJESH S. PATIL &
                                           ABHAY J. MANTRI, JJ.
                                 Date : AUGUST 19, 2026.

P. C. :


1.          Learned Advocate Mr. Utkarsh Desai appearing for the Petitioner

submits that the issue involved in the present proceedings is covered by

the Judgment delivered by Supreme Court in the case of Indore

Development Authority V. Manohar Lal and Ors.1
2.          Applying the law laid down by Supreme Court in Indore

Development Authority (Supra), the present Writ Petition stands

dismissed. No costs.




(ABHAY J. MANTRI, J.)                         (RAJESH S. PATIL, J.)


1       (2020) 8 scc 129


Rushi                                1 of 1


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