Bombay High Court

SHAINATH KARBHARI GAIKWADversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: VIBHA KANKANWADI HITEN S VENEGAVKAR

Holding

The Court held that the petitioner must approach the designated authority and pay the requisite fees for land measurement, and therefore a mandamus was not warranted.

Summary

The petitioner, Shainath Karbhari Gaikwad, filed a writ petition seeking a mandamus directing the State to measure his land (Gut No. 99, new Gut No. 30) in Ghusur village, acquire 40 R of it and award compensation. The Court examined whether it could compel the authorities to carry out the measurement and acquisition through a writ. It held that any person desiring land measurement may approach the designated authority (respondent No. 6) and obtain the service upon payment of the prescribed fees. Consequently, the Court allowed the petitioner to withdraw the writ and granted him liberty to approach respondent No. 6 for measurement after depositing the required fees. No award of compensation or acquisition order was issued.

Issues considered

Whether a writ of mandamus can be issued to compel the State to measure and acquire the petitioner’s land and award compensation

Subjects

land measurement
mandamus
compensation
land acquisition
writ petition

Judgment

2026:BHC-AUG:3618-DB




                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                            WRIT PETITION NO. 15426 OF 2025

                                  Shainath Karbhari Gaikwad
                                           VERSUS
                             The State Of Maharashtra And Others

           Mr. Amol Gaikwad h/f Mr. S. B. Solanke, Advocate for petitioner
           Mr. S. B. Pulkundwar, AGP for respondent-State

                                            CORAM : Smt. Vibha Kankanwadi &
                                                    Hiten S. Venegavkar, JJ.
                                            DATE       : 23rd January, 2026

           PER COURT :-


           1.          Present petition has been filed for following relief :

                B)    By issuing a writ of Mandamus or any other writ, order or
                directions in the like nature, this Hon’ble Court may be pleased to
                direct the respondent authorities to measure the land of petitioner
                bearing Gut No. 99 (new Gut no. 30) of village Ghusur, Tal.
                Kannad, District Chatrapati Sambhajinagar and to acquire the area
                admeasuring 40 R. by following the due process of law and to pass
                an award and pay the amount of compensation to the petitioner;


           2.          After the disinclination is shown, learned Advocate for the

           petitioner seeks liberty to approach respondent No. 6 for getting the land

           measured upon payment of requisite fees. In fact, any person who is

           desirous of having his land measured can approach the respondent No. 6

           and upon payment of requisite fees can get his land measured. While

           allowing the petitioner to withdraw the petition, we grant liberty to the




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petitioner to approach respondent No. 6 and upon deposit of the

necessary fees, the respondent No. 6 to measure the land as early as

possible.




(Hiten S. Venegavkar, J.)           (Smt. Vibha Kankanwadi, J.)

B. S. Joshi




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