Bombay High Court
ASHOK MANOHARRAO DEVDHAR AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH DEPARTMENT OF URBAN DEVELOPMENT AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is disposed because the respondent's affidavit conclusively shows that the land has been released from reservation and re‑classified in the development plan.
Summary
The petitioners, Ashok Manoharrao Devdhar and another, filed a writ petition seeking the release of two parcels of land (Survey No. 227, 690 sq. m. in Site No. 9 and 3943 sq. m. in Site No. 10) located in Sailu village, Parbhani district, from reservation status. Respondent No. 4 submitted an affidavit stating that the land had already been released from reservation and re‑classified into the Yellow Zone in the second revised draft development plan. The court examined the affidavit and found the categorical statement sufficient to establish that the land was no longer subject to reservation. Consequently, the purpose of the petition was deemed fulfilled. The writ petition was therefore disposed of without further orders.
Issues considered
- What is the appropriate legal remedy for petitioners seeking release of land from reservation?
- Whether the affidavit of Respondent No. 4, stating that the land has been released from reservation and placed in the Yellow Zone, is sufficient to dispose of the petition?
Subjects
- land reservation
- development plan
- Yellow Zone
- writ petition
- release of land
- reservation removal
Judgment
2026:BHC-AUG:44333-DB
{1} 86-wp-8405-2022
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
86 WRIT PETITION NO. 8405 OF 2022
Ashok Manoharrao Devdhar And Another
VERSUS
The State Of Maharashtra And Others
...
Mr. Pradeep Kulkarni h/f Mr. M.D. Narwadkar, Advocate for the
Petitioners
Mr. B.B. Bhise, AGP for State
.......
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 28th SEPTEMBER, 2026
PER COURT :
1. By this petition, petitioners seek release of their land Survey No.
227 admeasuring 690 Sq. Meter in Site No. 9 and 3943 Sq. Meter in
Site No. 10 situated at village Sailu, Taluka- Sailu, Dist. Parbhani from
the reservation.
2. Respondent No. 4 in the affidavit in reply has made a categorical
statement that land of the petitioners has been released from
reservation and included in the Yellow Zone, in the second revised
draft development plan.
3. In that view of the matter, the purpose of filing petition is served.
The writ petition, is therefore disposed of.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
Bhagyawant Punde
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