Bombay High Court
AMOL MARUTI RANPISE AND ANRversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court disposed of the petition, directing that if the representation is maintainable, it be decided by a speaking order within three months, without issuing a mandamus.
Summary
The petitioners filed a writ petition seeking a mandamus directing the State officials (Respondent Nos.1‑5) to consider and decide a detailed representation dated 5 February 2025, and to implement a redevelopment scheme for certain lands. They also sought orders against private respondents (Nos.6‑15) for alleged illegal occupation of the lands. The respondents argued that no statutory provision empowers the court to compel the Minister of Social Justice and Welfare to decide the representation. The Court, without addressing the merits, disposed of the petition, directing that if the representation is maintainable, it should be decided by a speaking order within three months of the order. No substantive direction was issued beyond this procedural instruction.
Issues considered
- Whether a writ of mandamus can be issued directing a Minister to decide a representation filed by the petitioners.
- Whether any statutory provision exists that obliges the State to formulate and implement a redevelopment scheme as prayed for.
Subjects
- writ of mandamus
- natural justice
- representation
- land redevelopment
- illegal occupation
- government scheme
Judgment
8-WP-8141-2026 (C).doc
Ashwini
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
ASHWINI WRIT PETITION NO.8141 OF 2026
PRASAD
NARHIRE
Digitally signed by
ASHWINI PRASAD
NARHIRE
Amol Maruti Ranpise & Anr. ...Petitioners
Date: 2026.10.01
11:04:18 +0530 Versus
The State of Maharashtra & Ors. ...Respondents
...
Mr. Sachin Dhakepalkar, a/w Adv. R. Tripathi, Adv. Nutan
Mohite, Adv. Shruti Tripathi, Adv. Kushal Tripathi, i/by M/s.
Ramesh Tripathi & Associates for the Petitioners.
Mrs. Neha S. Bhide, GP, a/w Mr. O. A. Chandurkar, Addl. GP
and Mrs. G. R. Raghuwanshi AGP for the Respondent-State.
Adv. Vijay Vitthal Chandavale for Respondent Nos.6 to 15.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 30th SEPTEMBER, 2026.
P.C.:
1. By consent of the parties the instant Petition is taken up
for final disposal at admission stage.
2. Mrs. Neha Bhide, learned GP appears for the Respondent-
State and Mr. Vijay Chandavale, learned counsel appears for
Respondent Nos.6 to 15 and waive service for the respective
Respondents. Hence, no formal notice is required in the
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8-WP-8141-2026 (C).doc
instant proceeding.
3. The instant Writ Petition is filed inter alia, seeking the
following substantive reliefs:
“a. Issue a Writ of Mandamus or a writ in the nature of
Mandamus or any other appropriate writ, order or
direction, commanding the Respondent Nos.1 to 5 to
consider and decide the Petitioners’ detailed
representation dated 05.02.2025 (Exhibit ‘F’) by a
speaking and reasoned order, in accordance with law and
the principles of natural justice, within a strict time-frame
to be stipulated by this Hon’ble Court;
b. Issue a Writ of Mandamus or a writ in the nature of
Mandamus or any other appropriate writ, order or
direction, commanding the Respondent Nos. 1 to 5 to
formulate and implement a comprehensive scheme, in line
with the Government Resolution dated 31.05.2023 or any
other comparable lawful mechanism, for the redevelopment
of the subject lands, in a manner that gives meaningful,
practical, and beneficial effect to the rights of the
Petitioners as restored by the final order of the Revenue
Minister dated 30.09.2006 (Exhibit ‘B’);
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8-WP-8141-2026 (C).doc
c. Issue a Writ of Mandamus or a writ in the nature of
Mandamus or any other appropriate writ, order or
direction, commanding the Respondent Nos.1 to 5 to take
immediate and decisive action against the Respondent
Nos.6 to 16 for the documented breaches of allotment
conditions and illegal occupation of the subject lands,
including but not limited to resumption of illegally occupied
land and initiation of appropriate legal proceedings, as per
law.”
4. At present, the Petitioners have confined their reliefs only
to prayer clause (a) wherein the Representation dated 5 th
February 2025 is stated to be pending before the Minister of
Social Justice and Welfare. Accordingly, the learned counsel for
the Petitioners submit that the concerned Respondent –
Authorities may be directed to decide the said Representation,
in accordance with law.
5. Per contra, the learned counsel for the private
Respondent Nos. 6 to 15 submits that there is no such
statutory provision wherein a positive direction can be issued
to the concerned Minister to decide the said Representation
(supra).
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8-WP-8141-2026 (C).doc
6. Be that as it may. Considering the facts and
circumstances as emerged before us, without adverting on
merits of the case, the instant Writ Petition stands disposed of
with a direction that, in case the Representation dated
5th February 2025 of the Petitioners is maintainable, in
accordance with law, we expect that the same be decided and
disposed of by passing a speaking order expeditiously,
preferably within three months from the date of uploading of
this order.
7. The Writ Petition stands Disposed Of in the above terms.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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