Bombay High Court

ABALAL MAHMAD MUJAWAR (SINCE DECD.) THROUGH LRS.versusSTATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ORS.

Disposal: Disposed Off

Holding

The petition is dismissed on the ground of delay and laches.

Summary

The petitioner, Abalal Mahmad Mujawar (deceased), filed a writ petition in 2018 challenging the State of Maharashtra's actions regarding compensation and possession of land. The State, through its Advocate General, testified that compensation was deposited on 30 May 1988 and possession of the land was taken in the same year. The court noted that the petition was filed many years after those events, constituting a substantial delay. Relying on the principle of laches, the court found the petition to be barred by the passage of time. Consequently, the writ petition was dismissed.

Issues considered

Whether the writ petition is maintainable despite the extensive delay since the alleged events
Whether the doctrine of laches applies to bar the petition

Subjects

delay
laches
compensation
possession
writ petition
civil appellate jurisdiction

Judgment

                                                      905-WP-4344-2018 (C).docx


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


                 WRIT PETITION NO. 4344 OF 2018
Abalal Mahmad Mujawar (since Decd.)
Through Lrs                                … Petitioner
            V/s.
State Of Maharashtra Through Its Secretary
And Ors                                    … Respondents


Mr. Dhairyasheel V. Sutar, Advocate for the petitioner.
Mr. R. P. Kadam, AGP for the respondents-State.



                               CORAM        : RAJESH S. PATIL &
                                              ABHAY J. MANTRI, JJ.

                               DATED        : SEPTEMBER 9, 2026
P.C.:


1.      The learned AGP appearing for the State submits, on instructions,

that the compensation amount was deposited on 30 May 1988 in the

PLA account. He submits that, on instructions, the possession of the

subject land was taken in the year 1988. He further submits that the

present petition suffers from delay and laches.


2.      In view of the statement made by the learned AGP on instructions

of his client, the Writ Petition stands dismissed.




     (ABHAY J. MANTRI, J.)                           (RAJESH S. PATIL, J.)




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