Bombay High Court
SHOBHANA TAKHATSINH RATHODversusTHE COLLECTOR DADRA AND NAGAR HAVELI AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is dismissed because an efficacious statutory remedy under Section 45 of the Dadra and Nagar Haveli Land Reforms Regulation, 1971 is available.
Summary
Shobhana Takhatsinh Rathod filed a writ petition challenging the District Collector's order dated 21 November 2024. The Court observed that the order is amenable to challenge under Section 45 of the Dadra and Nagar Haveli Land Reforms Regulation, 1971, which provides a specific statutory remedy. Relying on the Supreme Court’s ruling in Mangal Rajendra Kamthe v. Tahsildar and the Bombay High Court’s decision in Invent Educational Society v. UCO Bank, the Court held that a writ petition cannot be entertained when an effective statutory remedy is available. Accordingly, the petition was disposed of without adjudicating the merits. The Court further noted that any delay incurred by the petitioner from filing on 15 October 2025 to the present order would be a ground for condonation of delay, and the dismissal is solely to enable the petitioner to pursue the statutory remedy.
Issues considered
- Whether a writ petition is maintainable when a specific statutory remedy under Section 45 of the Dadra and Nagar Haveli Land Reforms Regulation, 1971 is available.
Legislation cited
Subjects
- writ jurisdiction
- statutory remedy
- Section 45
- Land Reforms
- condonation of delay
- High Court
Judgment
Digitally
signed by
GAURI AMIT
GAURI GAEKWAD
AMIT
GAEKWAD Date:
72.WP-2623-2026.odt
2026.03.07
10:56:31
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2623 OF 2026
Shobhana Takhatsinh Rathod ….Petitioner
Versus
The Collector, Dadra and Nagar Haveli & Ors. ….Respondents
----
Ms. Minal Chandnani for the Petitioner.
Dr. Sanjay Jain for Respondent Nos.1 to 4 (through video
conferencing).
----
CORAM : RAVINDRA V. GHUGE
&
ABHAY J. MANTRI, JJ.
DATE : 4th MARCH, 2026
P.C. :-
1. The order passed by the District Collector dated
21st November, 2024 can be subjected to a proceeding under Section
45 of the Dadra and Nagar Haveli Land Reforms Regulation, 1971.
This is a statutory remedy available to the Petitioner.
2. Considering the law laid down by the Hon’ble Supreme
Court in Mangal Rajendra Kamthe v/s. Tahsildar, Purandhar and
Ors.1 and the judgment delivered by the three Judges Bench in PHR
1 2026 INSC 185
Gauri Gaekwad 1 of 2
72.WP-2623-2026.odt
Invent Educational Society v/s. UCO Bank and Ors. 2, this Petition
need not be entertained under the Writ jurisdiction of the High
Court, when a statutory efficacious remedy is available for the
Petitioner, keeping open all the contentions of the parties.
3. This Petition is disposed off.
4. If an issue of delay occurs, the time spent by the
Petitioner in this Court from the date of the filing of this Petition on
15th October, 2025 till the passing of this order, shall be a good
ground for condonation of delay.
5. Needless to state, the disposal of this Petition is only to
enable the Petitioner to avail of a statutory remedy.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
2 (2024) 4 S.C.R. 541
Gauri Gaekwad 2 of 2
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