SAMBHAJI AABA KARANDEversusTHE STATE OF MAHARASHTRA THR THE REVENUE AND FOREST DEPT. AND ORS

                                                       908-WP-15962-2022.doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                   CIVIL APPELLATE JURISDICTION
                   WRIT PETITION NO.15962 OF 2022
Sambhaji Aaba Karande                                    ...Petitioner
        Versus
The State of Maharashtra & Ors.                          ...Respondents
                               ——————
Ms. Ketaki Patil i/b Akshay Pawar, for the Petitioner.
Mr. V. M. Mali, AGP, for the Respondent-State.
Mr. Amit Sale a/w Shreyas Karajgar & Sayali Mane, for Respondent Nos.4
to 10.
                               ——————
                                  Coram: Madhav J. Jamdar &
                                            Pravin S. Patil, JJ.
                                  Date:     May 08, 2026

P.C.:

1.      Heard Ms. Patil, learned Counsel appearing for the Petitioner, Mr.

Mali, learned AGP, for the Respondent-State and Mr. Sale, learned

Counsel appearing for Respondent Nos.4 to 10.

2.      By the present Writ Petition iled under Article 226 of the

Constitution of India, the challenge is to the legality and validity of the

Order dated 7th December 2022 passed by the Competent Authority

alias Deputy Collector (Land Acquisition) No.6, Kolhapur.

3.      Ms. Patil, learned Counsel for the Petitioner and Mr. Sale, learned

Counsel for Respondent Nos.4 to 10, after arguing the matter for some

time, state that the Writ Petition can be disposed of by consent of the

parties.


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4.          Accordingly, the Writ Petition is disposed of in the following

terms:

     i.        Order dated 7th December 2022 passed by the Competent

               Authority alias Deputy Collector (Land Acquisition) No.6,

               Kolhapur in Hkwla@jk-e-dz-166@rdzkj@vkjvkj&1292@22 is quashed

               and set aside by consent and the matter is remanded back to

               the Competent Authority for deciding the same in

               accordance with law.

     ii.       An amount of Rs.48,82,582/- has been deposited in this Court

               pursuant to the Order dated 25th March 2026. An amount of

               Rs.25,00,000/- out of the said amount is directed to be paid

               to the Petitioner, on the condition that the Petitioner iles an

               undertaking in this Court within a period of 4 weeks from

               today, stating that such withdrawal shall abide by the inal

               orders in reference of the apportionment dispute and that

               the Petitioner shall bring back the said amount together with

               interest as shall be determined by the District Court, should

               the District Court decide that the Petitioner is not entitled to

               the said amount.

     iii.      The Competent Authority is directed to refer apportionment

               dispute between the Petitioner and Respondent Nos.4 to 17

               regarding the compensation for the acquired property to the


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              Principal Civil Court of Original Jurisdiction i.e. District Court

              at Kolhapur, within a period of 3 months from today.

     iv.      The Registry shall transfer the balance amount to the District

              Court at Kolhapur after a period of 3 months.

     v.       In the facts and circumstances, the District Court at Kolhapur

              is requested to dispose of the apportionment dispute

              regarding the acquired property i.e. Gat No.651 and Gat

              No.661 situated at Village Koparde, Taluka Shahuwadi,

              District Kolhapur, as expeditiously as possible, after giving all

              parties full opportunity of being heard, preferably on or

              before 31st December 2027.

     vi.      It is made clear that this Court not decided on the merits of

              the rival claims for apportionment and all contentions in that

              behalf are expressly kept open.

5.         The Writ Petition is disposed of in above terms with no order as

to costs.


     [Pravin S. Patil, J.]                        [Madhav J. Jamdar, J.]




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