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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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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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     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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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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