Bombay High Court
DATTU RAMA CHOUGULE (SINCE DECEASED ) THROUGH HIS LEGAL HEIRversusSPECIAL LAND ACQUISITION OFFICER NO. 12 AND ORS
- Disposal
- Disposed Off
Holding
The Court held that the petitioner may seek deletion of the reservation entry through the application process prescribed by the 2020 Government Resolution, and therefore disposed of the writ petition.
Summary
The petitioner, the estate of the late Dattu Rama Chougule, sought a writ of mandamus directing the Special Land Acquisition Officer to delete a reservation entry for 0.81 ares of land in the revenue record, arguing that the land had not been acquired for rehabilitation of project‑affected persons under the Doodhganga Project. The State, through the A.G.P., informed the Court of a 2020 Government Resolution allowing landowners to apply to the District Resettlement Officer for deletion of such ‘reserved’ entries in the 7/12 extract. The petitioner’s counsel indicated willingness to file the required application within four weeks, after which the D.R.O. would decide the matter within eight weeks, providing a hearing if necessary. The Court, noting the procedural mechanism already available, granted the petitioner liberty to make the application and ordered the petition disposed. No substantive adjudication on the merits was made, as the remedy lay in the administrative process prescribed by the resolution.
Issues considered
- The petitioner’s entitlement to a writ of mandamus directing deletion of the reservation entry in the revenue record
- Whether the procedural mechanism under the 2020 Government Resolution suffices as a remedy, obviating the need for judicial intervention
Subjects
- land acquisition
- revenue record
- 7/12 extract
- mandamus
- project‑affected persons
- rehabilitation
- government resolution
- administrative remedy
Judgment
13-Wp-7927-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7927 OF 2024
Dattu Rama Chougule (Since deceased)
Through LR Shahaji Bhikaji Chougule … Petitioner
Versus
Special Land Acquisition Officer No.12 & Ors. … Respondents
——————
Mr. P. D. Dalvi for the Petitioner.
Mr. Siddheshwar B. Kalel, A.G.P. for the Respondent-State.
——————
Coram : R.G. AVACHAT &
AJIT B. KADETHANKAR, JJ.
Date : 28th January 2026.
PER COURT :
1. The Petition has been preferred for the following main reliefs :-
“(a) this Hon'ble Court be pleased to issue writ of mandamus or
any other appropriate writ, order or direction, directing the
Respondent Nos.1 to 2 to delete the land of the Petitioner in land in
Gat No. 1509/2 (now it is Gat No.1538/2), Area 0.81 ares, of
village Dindnerli, Taluka Karveer, District Kolhapur from the other
rights column in the revenue record as the land was not acquired or
taken possession for the purpose of rehabilitation of Project
Affected Persons of Doodhganga Project.”
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13-Wp-7927-2024.doc
2. The learned A.G.P. informs that the State has issued a Government
Resolution in the year 2020, whereby landowners whose lands were reserved
for re-settlement of project-affected persons have been granted an
opportunity to submit an application to the concerned District Re-settlement
Officer (D.R.O.) seeking deletion of the entry ‘reserved’ appearing in the 7/12
extract.
3. Learned counsel for the Petitioner submits that the Petitioner would
make such an application within a period of four weeks from today. If such an
application is made, the D.R.O. shall decide the same on its own merits,
within a period of eight weeks thereafter. If needed, an opportunity of
hearing shall be given to the Petitioner.
4. In view of the same, the Writ Petition stands disposed of with the
aforesaid liberty.
[ AJIT B. KADETHANKAR, J. ] [ R.G. AVACHAT, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.01.29
11:37:41
+0530
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