Bombay High Court

DHARAMENDRA MAHADEV GAWADE AND ORSversusTHE LAND ACQUISITION OFFICER AND ORS

Decided: 2 September 2026
Disposal: Disposed Off

Holding

The writ petition is disposed of as withdrawn, with liberty granted to the petitioners to file a fresh petition.

Summary

The petitioners, Dharamendra Mahadev Gawade & Ors., filed a writ petition challenging an order of the Land Acquisition Officer made under the Maharashtra Highways Act, 1955, and the subsequent award dated 2 June 2025 issued pursuant to Section 19-B(3) of the Act. They sought quashing of the award but later decided to withdraw the petition, seeking liberty to file a fresh petition for the same reliefs. The Court noted that the petition had been pending for a considerable period without effective consideration. It allowed the withdrawal and granted the petitioners permission to initiate fresh proceedings. All pending applications were also disposed of.

Issues considered

Whether a petitioner may withdraw a pending writ petition and be granted liberty to file a fresh petition challenging the same award
Whether the Court can dispose of the petition as withdrawn without adjudicating the substantive merits

Legislation cited

Maharashtra Highways Act, 1955 — s. 19-B(3)

Subjects

land acquisition
withdrawal of petition
writ petition
Maharashtra Highways Act
procedural law

Judgment

bipin prithiani
                                   1
                                                         4-wp-5040.25.doc

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

                  WRIT PETITION NO. 5040 OF 2025

Dharamendra Mahadev Gawade & Ors.     …    Petitioners
     Versus
The Land Acquisition Officer & Ors.   …    Respondents
                             WITH
      INTERIM APPLICATION (ST.) NO. 25463 OF 2026
                              IN
            WRIT PETITION NO. 5040 OF 2025
                             ******
Mr. Ranjit D. Shinde a/w Mr. Abheek Melwani for Petitioner.
Mrs. Gauri R. Raghuwanshi, AGP for Respondent-State.
Mr. Prashant Darandale a/w Mr. Bajrang M. Solanke for
Respondent Nos.4 and 8.
Mr. Vedant Babar i/by Mr. Rahul Kadam for Respondent No.5.
                             ******
                       CORAM : MANISH PITALE AND
                                 SHREERAM V. SHIRSAT, JJ.

                          DATE      : 2nd SEPTEMBER 2026

P.C. :

.         This petition has remained pending for some time before
this Court, without effective consideration. By this petition, the
petitioners sought quashing of an order passed by the Land
Acquisition Officer, during the process of acquisition of land
initiated under the provisions of the Maharashtra Highways Act,
1955.

2.        Due to passage of time, award has been passed in pursuance
of a compulsory acquisition undertaken as per Section 19-B(3) of
bipin prithiani
                                        2
                                                              4-wp-5040.25.doc

the aforesaid Act. In the light of the said development, the
petitioners desire to challenge the award dated 2 nd June 2025.

3.        In that light, the petitioners desire to withdraw this petition,
with liberty to file a fresh petition, in order to challenge the said
award and to pray for ancillary reliefs.

4.        In view fo the above, the writ petition is disposed of as
withdraw, with liberty as aforesaid. Pending applications, if any,
also stand disposed of.



  (SHREERAM V. SHIRSAT, J.)                      (MANISH PITALE, J.)

                  Digitally signed by
   BIPIN          BIPIN DHARMENDER
   DHARMENDER     PRITHIANI
   PRITHIANI      Date: 2026.09.03
                  10:44:21 +0530

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