Bombay High Court
NARAYAN SHANKAR RAWATEversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court quashed the impugned orders and directed the transfer of the petitioners' applications to a competent court under Section 28‑A(3) of the Land Acquisition Act, 1894, with consideration of interest.
Summary
Three writ petitions filed by Devendra Walsing Patil, Dhananjay Onkar Patil and Narayan Shankar Rawate sought relief against orders dated 22‑08‑2019 issued by Respondent No.3 of the State of Maharashtra concerning their land‑acquisition applications filed on 12‑09‑2017. The High Court held that the impugned orders were ultra vires and, relying on its earlier decision in Writ Petition No. 6789 of 2024, directed that the applications be restored to the file and transferred to a competent court under Section 28‑A(3) of the Land Acquisition Act, 1894. The Court also ordered that any interest payable to the petitioners be considered and that amounts already received be set off against the final award. An early decision by the competent court was mandated within six months. Consequently, the writ petitions were allowed and the orders of Respondent No.3 were quashed.
Issues considered
- What was the lawfulness of the orders dated 22‑08‑2019 passed by Respondent No.3 in regard to the petitioners' land‑acquisition applications?
- Whether the petitioners' applications should be transferred to a court of competent jurisdiction under Section 28‑A(3) of the Land Acquisition Act, 1894?
- Whether the petitioners are entitled to interest on the amounts due and how such interest should be accounted for?
Legislation cited
- Land Acquisition Act, 1894 — s. 28-A(3)
Subjects
- land acquisition
- writ petition
- quashing order
- Section 28-A
- interest entitlement
- procedural compliance
Judgment
2026:BHC-AUG:45598-DB
1 8-WP-5591-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
8 WRIT PETITION NO. 5591 OF 2024
DEVENDRA WALSING PATIL
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
OTHERS
...
Mr. Kumar Gaurav M. More, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
...
17 WRIT PETITION NO. 6945 OF 2024
DHANANJAY ONKAR PATIL
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
OTHERS
...
Mr. Kumar Gaurav M. More, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondents/State
...
21 WRIT PETITION NO. 7089 OF 2024
NARAYAN SHANKAR RAWATE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
OTHERS
...
Mr. Kumar Gaurav M. More, Advocate for the Petitioner
Mr. N. D. Batule, AGP for Respondents/State
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 28th SEPTEMBER, 2026
PER COURT :
1. Indisputably, the issue raised in these petitions is
squarely covered by the decision rendered by this Court in Writ
Petition No.6789 of 2024 [Kailas Ziparu Patil (Dead) Through LRs.
Vs. The State of Maharashtra and Others].
SVH
2 8-WP-5591-24.odt
2. For the reasons stated in the said order, the writ
petitions are allowed with following directions:-
ORDER
(a) The impugned orders passed by Respondent No.3, dated
22/08/2019, are quashed and set aside.
(b) The applications of these Petitioners dated 12/09/2017,
shall stand restored to the file of Respondent No.3, who
shall forthwith transfer the said applications to the
Court of competent jurisdiction in view of Section 28-
A(3) of the Land Acquisition Act, 1894, within a period
of twenty one (21) days from today.
(c) The competent Court shall follow the due procedure as
is laid down in law while dealing with the said
application, keeping in view the earlier judgment dated
02/05/2017, which was delivered nine years ago.
(d) Consequentially, we also direct that the claim of the
Petitioners as regards the interest component as is
permissible in law, shall also be considered by the
Court while dealing with the applications of these
Petitioners.
(e) Needless to state, the amount which is already received
by the Petitioners along with the interest component,
may be set off against the amount which is now liable
to be paid to the Petitioners with accrued interest.
SVH
3 8-WP-5591-24.odt
(f) Since the competent Court has already delivered the
judgment on 02/05/2017, we would expect an early
decision by the said Court with regard to the claim of
the Petitioners (all legal heirs of the original Claimant)
and preferably within a period of six months from
today.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
SVH
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