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Bombay High Court

LAXMAN MAHADEV JADHAVversusTHE STATE OF MAHARASHTRA THR GOVERNMENT PLEADER AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petition is allowed, and the Collector is directed to decide the representation within twelve weeks.

Summary

The petitioner sought the High Court’s intervention to compel the Collector of Pune to decide a representation filed on 29 September 2025 concerning the regularisation of a land transaction originally executed by his grandfather in 1957. The land, originally an Inam under the Maharashtra Inferior Watan Abolition Act, 1958, had been re‑granted to the Watandars and later sold without the Collector’s permission, rendering the sale ineffective until a 2008 Government resolution purportedly regularised it. The petitioner argued that the Collector had not acted on his representation and therefore filed the writ petition. The Court, without expressing any view on the merits of the representation, allowed the petition and directed the Collector to decide the matter within twelve weeks of the order. The petitioner was instructed to serve a copy of the order on the Collector.

Issues considered

  • Whether a High Court may direct a Collector to decide a pending representation concerning land regularisation.
  • Whether the writ petition is maintainable for the purpose of expediting administrative action.

Subjects

  • Writ petition
  • Land regularisation
  • Inam land
  • Maharashtra Inferior Watan Abolition Act
  • Collector
  • Administrative representation
  • Civil appellate jurisdiction

Judgment

                      LSP                                                      48 wp 2275.26.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                        Writ Petition No.2275 of 2026

                      Shri Laxman Mahadev Jadhav                     …      Petitioner

                            V/s.

                      The State of Maharashtra and others            …      Respondents.

                      Mr. Sumit Khaire for the petitioner.
                      Mrs. R.M.Shinde, AGP for the State.


                                                  CORAM : M.S. KARNIK &
                                                          S.M. MODAK, JJ.

                                                  DATED : 4th March 2026

                      P.C. : (Per S.M.Modak, J)

                            Heard Mr. Khaire, learned Advocate for the petitioner and
                      Mrs. Shinde, learned AGP for the respondents-State.

                      2.    The petitioner has made a representation to the Collector,
                      Pune on 29th September 2025 thereby requesting to regularise the

LATA
                      transaction of purchase executed by his grandfather, deceased-Maruti
SUNIL
PANJWANI
Digitally signed by
LATA SUNIL
                      Patlu Jadhav. His grievance is till filing of the petition, the
PANJWANI
Date: 2026.03.06
13:02:07 +0530
                      representation is not decided. The averments in the petition are as
                      follows:


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LSP                                                    48 wp 2275.26.doc


(A)   The land in question is situated at Taluka Daund, Dist. Pune
      and it was owned by one Hirajirao Janrao Deshmukh as ‘Inam
      Land’. After his death name of Appaji Hirajirao Deshmukh
      was recorded on 7/12 extract. The Government has enacted
      Maharashtra Inferior Watan Abolition Act, 1958. In
      pursuance to the said Act, the name of Government was
      entered on 7/12 extract, however, subsequently, the
      Collector has re-granted the watan land to the Watandars and
      that is how the name of Appaji Hirajirao Deshmukh was
      recorded on 7/12 extract.

(C)   Maruti Patlu Jadhav, grandfather of the petitioner purchased
      the said land from Appaji Deshmukh on 30 th March 1957 vide
      registered sale deed.

(D) The sale deed was executed without obtaining the permission
      from the Collector and that is how the transaction was not
      given effect.    Subsequently, the Government issued a
      Resolution on 17th July 2008 thereby regularising such
      transaction on production of sale deed. The copy is on Page-
      47.

3.    The petitioner wants his representation to be decided by the
Collector and that is why present petition.

4.    Hence, the following order is passed:

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LSP                                                       48 wp 2275.26.doc


                                    ORDER

      (i) The Writ Petition is allowed.


      (ii) The respondent No.2 - Collector, Pune is directed to
          decide the representation dated 29th September 2025 made
          by the petitioner as early as possible and not later than 12
          weeks from the communication of this order.

      (iii) The petitioner to place copy of this order before the
          Collector.

5.     It is made clear that we have not made any observations about
merits of the matter and the Collector is at liberty to decide the
representation as per the merits.



     (S.M. MODAK, J.)                        (M.S.KARNIK, J.)




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