Bombay High Court
VIMAL SUBHASH SATHEversusTHE DIVISIONAL COMMISSIONER PUNE AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The reservation entries in the 7/12 extract are without legal basis and must be deleted.
Summary
Vimal Subhash Sathe filed a writ petition seeking deletion of reservation entries in the 7/12 revenue extract for his land at Gat No.30, Village Nere, Pune, which were recorded for the Kasarsai Ujawa Kalwa irrigation project. The petitioner argued that the land was never actually acquired, citing a 2022 communication from the Sub‑Divisional Officer and a 2026 communication from the Deputy Collector confirming the land was not part of the acquisition. The Court noted a prior Division Bench order dated 27‑04‑2016 that had directed deletion of similar entries for other petitioners. After reviewing the affidavits and communications, the Court held that the reservation entries had no legal basis. Accordingly, the Court ordered the District Collector to delete the entries within four weeks, thereby granting the relief sought in prayer clause (c).
Issues considered
- Whether reservation entries in the revenue record can remain when the land has not been acquired under the Land Acquisition Act, 1894
- Whether the Court can direct the District Collector to delete such entries through a writ petition
Legislation cited
- Land Acquisition Act, 1894 — s. 4
Subjects
- land acquisition
- revenue record
- 7/12 extract
- reservation entry
- writ petition
- deletion of entry
- Kasarsai Ujawa Kalwa project
- District Collector
- Maharashtra
Judgment
9_WP_8230_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8230 OF 2026
Vimal Subhash Sathe … Petitioner
vs.
The Divisional Commissioner, Pune and others … Respondents
Mr. Prasad Avhad a/w. Mr. Chetan Nagare for petitioner.
Ms. G. R. Raghuwanshi, AGP for respondents – State authorities.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ
DATE : 06th AUGUST, 2026
P.C. :
. Heard learned counsel for the petitioner and the learned AGP
for the respondents – State authorities.
2. On 16.07.2026, while issuing notice, this Court had passed the
following order:
“1. Heard the learned counsel for the petitioner.
2. The petitioner is seeking a direction against the
respondents to delete the entries made in the
revenue record (7/12 extract), in the other rights
column pertaining to the subject land, whereby it is
stated that the land is reserved for Kasarsai Ujawa
Kalwa. The petitioner specifically relies upon the
orders passed by this Court granting such relief in
favour of the similarly situated persons. It is also
brought to our notice that the communication at
Exhibit 'F' dated 06.05.2022 addressed by the Sub
Divisional Officer to the Executive Engineer of
Bhama Aaskhed Irrigation Project itself shows that
the subject land was never acquired, although
initially it was proposed for acquisition under a
Digitally
signed by
PRIYA PRIYA
Date:
KAMBLI
KAMBLI 2026.08.07
13:49:07
+0530
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9_WP_8230_26.doc
notification issued under Section 4 of the Land
Acquisition Act, 1894.
3. It appears that the present petition can be allowed
in the light of the petitions of similarly situated
persons having been allowed by this Court.
4. Issue notice for final disposal returnable on 6th
August 2026, to be included in the category of 'fresh
matters'.
5. Learned AGP waives notice on behalf of all the
respondents. Hence service is complete.”
3. Reply affidavit has not been filed. But, the learned AGP has
tendered a recent communication dated 13.05.2026 addressed by
respondent No.3 – Deputy Collector, Land Acquisition No.6, Pune, to
the Executive Engineer, Department of Bhama Askhed Dam. The
same is taken on record.
4. In the said communication, after referring to the application
moved by the petitioner, the said respondent has called upon the
Executive Engineer to inform as to whether there is any proposal for
acquisition of the subject land of the petitioner for irrigation project
and if not, appropriate steps may be taken at the level of the said
authority, concerning petitioner’s demand for deletion of remark in
the other rights column in 7/12 extract of the subject land. Evidently,
there is no response from the Executive Engineer to the said
communication. In this backdrop, we have taken the writ petition for
hearing and disposal.
5. Having heard the learned counsel for the petitioner and the
learned AGP for the respondents – State authorities, we are of the
opinion that this writ petition can be allowed in terms of prayer
clause (c). By the said prayer, the petitioner has sought a direction to
the respondent No.2 – Collector to delete the entries of reservation in
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respect of the subject land at Kasarsai Ujawa Kalwa (loosely
translated as Kasarsai right-hand side canal project).
6. Amongst the documents placed on record, we find an order
dated 27.04.2016 passed by a Division Bench of this Court in a group
of petitions, raising similar grievance with regard to the entries in
revenue records of the petitioners therein for the very same project.
After perusing the affidavits placed on record on behalf of the
respondents – State authorities, the Division Bench of this Court
directed deletion of the said entries. The learned counsel for the
petitioner also invited attention to one such affidavit-in-reply dated
22.04.2016 sworn by the Deputy Collector (Land Acquisition No.22),
Pune. A perusal of the said affidavit indeed shows that the process of
acquisition of land for the said project does not appear to have been
completed.
7. With regard to the specific grievance of the petitioner about
her land located at Gat No.30, in Village Nere, Taluka Mulshi, District
Pune, a communication dated 06.05.2022 sent by the Sub-Divisional
Officer, Pune to the Executive Engineer of the Department of Bhama
Askhed Dam, assumes significance. The said communication refers to
a specific application submitted by the petitioner on 15.02.2022 with
regard to her aforesaid grievance and it is categorically recorded that
the subject land of the petitioner is not a part of the land acquisition
proceedings undertaken for the aforementioned project. Reference is
also made to a joint measurement undertaken on 13.10.2021,
wherein also it was found that the subject land of the petitioner does
not form part of the said project. As a matter of fact, the Sub-
Divisional Officer opined in the said communication that the subject
land of the petitioner was never acquired for the aforementioned
project.
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8. Considering the aforesaid order passed by the Division Bench
of this Court in the cases of similarly situated persons and
particularly, in the light of the communication dated 06.05.2022 at
Exhibit F, addressed by the Sub-Divisional Officer to the Executive
Engineer in respect of petitioner’s property and also, in the light of
the latest communication dated 13.05.2026 addressed by the Deputy
Collector, Land Acquisition No.6, Pune to the Executive Engineer, we
are of the opinion that the present writ petition deserves to be
allowed.
9. There is no basis for continuing the entries regarding
reservation in the subject property of the petitioner in the other
rights column of 7/12 extract for the said project. The aforesaid
entries are found to be without any basis and existence of the said
entries are obviously to the detriment of the petitioner.
10. In view of the above, the writ petition is allowed in terms of
prayer clause (c), which reads as follows:
(c) This Hon’ble Court may be pleased to issue
appropriate writ, order or direction to the
Respondent No.2 i.e. the District Collector to direct
his officers to delete the entries of reservation for
Kasarsai Ujawa Kalwa Vitarika Kra. 1 and 2 Project
from the other rights column of the 7/12 extract of
the land bearing Gat No.30/2.
11. The respondents – State authorities, including respondent No.2
– District Collector are directed to take consequential steps for
deletion of said entries within four weeks from today.
12. Pending applications, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Priya Kambli
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