Bombay High Court
THE SANGLI BAR ASSOCIATION , SANGLI AND ANRversusSTATE OF MAHARASHTRA THROUGH SECRETARY, DEPT. OF FINANCE AND ORS
- Disposal
- Disposed Off
Holding
The writ petition is disposed with directions to treat it as an application before the concerned department for allocation of alternate land in accordance with law.
Summary
The Sangli Bar Association and another petitioner filed a writ petition seeking the allotment of three acres of alternate land adjacent to the Sangli District Court, after the court building was submerged during the 2019 floods. They argued that the vacant land in Vijaynagar, currently classified as gairan land, should be transferred to the court for reconstruction. The State responded that the land falls under the Agricultural Department and is cultivated as a fruit crop nursery, which per a 2011 government resolution cannot be transferred. The Court held that the matter involves policy decisions and directed that the petition be treated as an application before the concerned department for a lawful decision. It ordered the State to consider the request, provide a hearing to the petitioners if needed, and disposed of the writ petition with these directions.
Issues considered
- Whether the vacant land classified as gairan land can be transferred to the District Court for reconstruction.
- Whether land under cultivation of a fruit crop nursery can be transferred as per the 2011 Government Resolution.
- Whether the petitioners are entitled to relief through a writ petition or the matter should be addressed as an administrative application.
Subjects
- writ petition
- land allocation
- flood damage
- district court
- government land
- agricultural nursery
- policy decision
- public interest litigation
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
VAIBHAV
RAMESH
JADHAV
WRIT PETITION NO. 4406 OF 2022
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.08.03
19:36:59 +0530
The Sangli Bar Association, Sangli & Anr. …Petitioners
V/s.
State of Maharashtra, Through its
Secretary, Department of Finance & Ors. …Respondents
Mr. Siyal F. Magdum i/by Pankaj Deshmukh and Umesh R.
Mankapure for the Petitioners.
Mr. V. M. Mali, AGP for the State.
CORAM : MILIND N. JADHAV &
NANDESH S. DESHPANDE, JJ.
DATED : JULY 31, 2026
P.C.:
1. We have heard Mr. Magdum, learned Advocate for the Petitioners.
He has taken us through the grievance of the Petitioners which is prima
facie seen in the averments made in the Petition and the photographs
which are annexed and appended to the Petition.
2. The grievance of the Petitioners is that due to the flood condition
in the year 2019 for nearly four days, the entire District Court building
was submerged in 12 feet of water and there was all around destruction
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of documents, computer data etc., and the work of the Court was
paralysed for nearly two months.
3. We have understood the issue raised by the Petitioners that due to
the flood-like situation which may occur whenever there is heavy
monsoon and heavy rains, there needs to be an alternate arrangement.
The Petitioners have suggested some vacant land lying adjacent to the
District Court and the Collector's Office in Sangli.
4. The Petitioners have sought the allotment of alternate land
adjacent to the existing Sangli District and Sessions Court in the area
known as Vijaynagar. The Petitioners have contended that the said land
is gairan land not being used by anybody. The Petitioners contend that
the said land has been allocated to the District Court and the Collector.
The requirement of the Petitioners is of three acres as stated in the
Petition for shifting the District Court building. Affidavit-in-reply is filed
by the Government which is appended at page No.44 to the Petition. In
the said affidavit-in-reply, in paragraph Nos.5, 6, and 7, the following
averments are made:
“5. I further say that the Gat Nos which are prescribed by the petitioner
presently falls within the jurisdiction of Agricultural Department of State
Government. I say that as per GR dated 17 th October, 2011 it is clarified that
no government land which is under cultivation of Fruit Crop Nursery can be
transferred and the same fact is informed by Principal secretary to the District
Collector by letter dated 21.04.2010 Annexed herewith as Exhibit-R2 is copy
of GR is a dated 17th October, 2011.
6. I say that therefore none of the land under cultivation of Fruit Crop
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Nursery can be transferred by Agricultural Department being a policy decision
of the state.
7. I further say that on the said Gat No. i.e. 77/1, 81/1, 79/1, 80, 81/1
the answering respondent has already setup an Agricultural Mall which is
quite an innovative project for the cultivation and Marketing of Organic Fruits
and vegetables for the benefit of local consumers.”
5. We have gone through the same. Issues such as those which are
mentioned in the Petition are matters of policy and are required to be
taken cognizance of by the State. We direct that the Petition be treated
as an application and placed before the concerned Department as an
application on behalf of the Petitioners, namely, the Sangli Bar
Association, Sangli and the Consumer Practitioner Advocate Bar
Association, Sangli, and direct the State to take an appropriate decision
with regard to the grievance expressed by the Petitioners for the
allocation of any alternate land in accordance with law.
6. We request the State Government to consider the request made
by the Petitioners and see if the same can be considered in accordance
with law.
7. Needless to state that the representatives of the Sangli Bar
Association, Sangli and the Consumer Practitioner Advocate Bar
Association, Sangli shall be given hearing, if so required, while
determining the issue of allotment of alternate land.
8. We cannot keep the present Petition pending for no valid reason,
as this will subserve no purpose whatsoever.
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9. The Writ Petition stands disposed of with the above directions.
10. Liberty to the Petitioners to apply to the Court in case of any
difficulty.
(NANDESH S. DESHPANDE, J.) (MILIND N. JADHAV, J.)
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