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Bombay High Court

ANIL BABURAO VIBHUTE AND ANR.versusTHE STATE OF MAHARASHTRA THR. SECRETARY REVENUE AND FOREST DEPT. AND ORS.

Disposal
Allowed To be withdrawn

Holding

The Court allowed the petition to be withdrawn, noting the inadequacy of the pleadings and granting liberty to file a fresh petition.

Summary

The petitioners, Anil Baburao Vibhute and another, filed a writ petition seeking compensation under the 2013 Land Acquisition Act, alleging that earlier acquisition proceedings under the 1894 Act had lapsed. Their counsel applied to withdraw the petition, stating that the pleadings were inadequate to obtain the relief sought. The Court examined the adequacy of the petition and found it insufficient to frame a proper question of law or fact. Consequently, the Court granted permission to withdraw the petition, while allowing the petitioners liberty to file a fresh petition with appropriate reliefs. The petition was therefore disposed of.

Issues considered

  • Whether the Court may permit withdrawal of a writ petition on the ground of inadequacy of pleadings

Legislation cited

Subjects

  • withdrawal of petition
  • land acquisition
  • compensation
  • civil procedure
  • writ petition

Judgment

2026:BHC-KOL:8504-DB

                                                                              910 wp 4210-26.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIRCUIT BENCH AT KOLHAPUR
                                         CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 4120 OF 2026

               Anil Baburao Vibhute and Another.                            ...Petitioners.
                       Versus
               The State of Maharashtra and Others.                         ...Respondents.
                                           ——————
               Mr. Suryajeet P. Chavan, Ajinkya Wadekar and Atul M. Khilari for the Petitioner.
               Mr. Siddheshwar B. Kalel, AGP for the Respondent-State.
                                                 ——————
                                                   Coram :     Sharmila U. Deshmukh &
                                                               Neeraj P. Dhote, JJ.
                                                   Date      : September 3, 2026.
               P. C. :

               1.         Learned Counsel appearing for the Petitioner, on instructions,

               seeks permission to withdraw the petition.             The grievance of the

               Petitioner in effect is that the acquisition proceedings under the Land

               Acquisition Act, 1894 had lapsed and compensation, if any, is required to

               be paid under the Right to Fair Compensation and Transparency in Land

               Acquisition, Rehabilitation and Resettlement Act, 2013. To seek the said

               relief, pleadings and prayers in the present petition are inadequate. The

               petition is, therefore, permitted to be withdrawn with liberty to the

               Petitioner to file a fresh petition seeking appropriate reliefs.

               2.         Petition stands disposed of.



                [Neeraj P. Dhote, J.]                           [Sharmila U. Deshmukh, J.]


               Patil-SR                             1 of 1


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