Bombay High Court

RAMESH BALWANT POWARversusTHE STATE OF MAHARASHTRA THRU THE SECRETARY, REVENUE DEPT. AND ORS

Disposal: Dismissed

Holding

The writ petition is dismissed for want of prosecution.

Summary

The petitioner challenged an order of the Land Acquisition Officer under the Land Acquisition Act, 1894, alleging improper service of notices under sections 12(2) and 16. The State showed that notices were served on 20 September 2013 and the petitioner accepted compensation on 25 January 2023. The writ petition was filed on 31 January 2019, but the petitioner failed to appear at multiple hearings in 2026 and later claimed they were out of touch with counsel. The Court observed that the petitioner was not interested in pursuing the petition further. Consequently, the writ petition was dismissed for want of prosecution.

Issues considered

Whether the writ petition challenging the Land Acquisition Officer's order can proceed despite the petitioner's failure to appear and alleged lack of interest.

Legislation cited

Land Acquisition Act, 1894 — s. 12(2), 16

Subjects

Land Acquisition
Writ Petition
Want of Prosecution
Compensation
Section 12(2) Land Acquisition Act
Section 16 Land Acquisition Act

Judgment

                                                                   6-WP-4205-19.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIRCUIT BENCH AT KOLHAPUR
                          CIVIL APPELLATE JURISDICTION
                         WRIT PETITION NO. 4205 OF 2019
        Ramesh Balwant Powar                             … Petitioner
              V/s.
        The State Of Maharashtra,
        Through Its Principal Secretaryw
        Revenue Dept. and Ors.                          … Respondents
                                     ___________
        Adv. Shardul Diwan i/b Rahul Kadam, for the petitioner.
        Mr. N.C. Walimbe, AGP a/w Santosh Jadhav, B Panel Counsel, for the
        respondent – State.
                                     ___________

                                         CORAM : RAJESH S. PATIL,
                                                 & ABHAY J. MANTRI, JJ.
                                         DATE        :   24 AUGUST 2026

        P. C. :


        1.        By the present Writ Petition, the order passed by the Land

        Acquisition Officer under the Land Acquisition Act has been

        challenged.


        2.        The learned AGP has shown us the reply filed by the State. In

        paragraph no. 4, it has been specifically stated that notices issued

        under section 12(2) and 16 of the Land Acquisition Act 1894 were

        duly served on 20 September 2013 upon the petitioner. The petitioner

        thereafter accepted the payment of compensation on 25 January 2023.

        The present petition has been filed on 31 January 2019.


        3.        None appeared on behalf of the petitioner on 28 April 2026, 10



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                                                                  6-WP-4205-19.doc


        August 2026 and 17 August 2026.


        4.    Today, Mr. Shardul Diwan, holding for Advocate Rahul Kadam

        submits that their client is not in touch with them, hence they are not

        able to move further with the hearing of the writ petition.


        5.    It seems that the petitioner is not interested in pursuing the

        present writ petition any further. Hence, the writ petition stands

        dismissed for want of prosecution.



        [ABHAY J. MANTRI, J.]                         [RAJESH S. PATIL, J.]




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