Bombay High Court

PADMAKAR HARIBHAU MULAY AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The petition is disposed of with a direction to the Chief Administrator, CIDCO to decide the pending representation within eight weeks.

Summary

The petitioners filed a writ petition alleging that their grievance under section 18 of the Land Acquisition Act had been addressed, the related amount withdrawn, and an appeal pending, but a representation filed on 30.11.2015 with the Chief Administrator of CIDCO remained undecided. They sought a direction for the Chief Administrator to decide the pending representation. The Court observed that the substantive grievance was already redressed and the only remaining issue was the pending representation. Consequently, the Court disposed of the writ petition, directing the Chief Administrator, CIDCO to decide the representation within eight weeks from the date of the order. The order thus provides a procedural remedy without interfering with the substantive land acquisition proceedings.

Issues considered

Whether the writ petition should be dismissed and the Chief Administrator, CIDCO directed to decide the pending representation within a specified time

Legislation cited

Land Acquisition Act — s. 18

Subjects

writ petition
Land Acquisition Act
section 18
CIDCO
representation
direction
disposal

Judgment

2026:BHC-AUG:12414-DB


                                                 1              905-wp 4062-2016.odt



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO. 4062 OF 2016

                 Padmakar Haribhau Mulay And Others                        .. Petitioners

                        Versus

                 The State Of Maharashtra And Others                       .. Respondents

                 Mr. Ajeet B. Kale, Advocate for Petitioners.
                 Ms. Rashmi P. Gour, AGP for Respondent Nos. 1 to 3.
                 Mr. Shambhuraje V. Deshmukh, Advocate for Respondent No. 4.

                                         CORAM : KISHORE C. SANT AND
                                                 SUSHIL M. GHODESWAR, JJ.
                                          DATE       :   18th MARCH, 2026.

                 PER COURT :-

                 1.     The learned advocate for the petitioners fairly submits that,

                 now the grievance in the petition is already redressed as the

                 reference under section 18 of the Land Acquisition Act was filed

                 and thereafter the appeal was also filed. The amount is already

                 withdrawn. The first appeal is pending. He orally prays that his

                 representation (Exh. D, page no. 45) dated 30.11.2015 pending

                 with the Chief Administrator, CIDCO is still not decided .


                 2.     Considering above, the writ petition is disposed of with a

                 direction to the Chief Administrator, CIDCO to decide the said
                              2       905-wp 4062-2016.odt


representation within a period of eight weeks from today in

accordance with the policy.



( SUSHIL M. GHODESWAR, J.)          ( KISHORE C. SANT, J. )




P.S.B.

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