Bombay High Court
SHAIKH JAMIL SHAIKH CHANDversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is disposed as the grievance has been dealt with by the departmental enquiry report, rendering further directions unnecessary.
Summary
The petitioner sought registration of an offence against the intervenor for allegedly overpaying Rs.37,50,05,051 to farmers under the National Highways Act, 1956, based on a 2020 report. The court considered a later departmental enquiry report dated 12‑Nov‑2025, which found no evidence to support the accusation. Since the enquiry cleared the intervenor, the court held that the petitioner’s grievance was already addressed and no further judicial direction was required. Consequently, the criminal writ petition was disposed of, subject to the final outcome of the departmental report. The court also ordered the release of Rs.50,000, already deposited, to the Deepstambh Foundation with interest, and disposed the pending Criminal Application No. 352 of 2022.
Issues considered
- Whether the court should register an offence against the intervenor when a departmental enquiry has found no evidence of wrongdoing
- Whether further judicial directions are necessary in a criminal writ petition after the grievance has been addressed by a departmental enquiry
- Whether the amount deposited by the petitioner should be released to the designated foundation
Legislation cited
Subjects
- criminal writ petition
- departmental enquiry
- registration of offence
- National Highways Act
- court disposal
- public interest litigation
Judgment
2026:BHC-AUG:42164-DB
915 CRIMINAL WRIT PETITION NO. 873 OF 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
915 CRIMINAL WRIT PETITION NO. 873 OF 2021
Shaikh Jamil Shaikh Chand
Versus
The State Of Maharashtra And Others
__________________________________________________________
• Adv. Chandrakant V. Thombre for the Petitioner
• Ms. U. S. Bhosale, A.P.P. for State
• Adv. Jiwan J. Patil a/w. Adv. Vishnu B. Madan for
applicant in Cri.Appln/352/2022
• Adv. C. V. Thombre for Respondent No. 5 in
Cr.Appln/352/2022
__________________________________________________________
WITH
CRIMINAL APPLICATION NO. 352 OF 2022
IN WP/873/2021
...
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : SEPTEMBER 08, 2026
PER COURT :
1) Heard.
2) Though the petitioner has prayed for
registration of an offence against the intervenor on the
basis of the report dated 27.01.2020, but today the learned
A.P.P. placed on record the communication dated
03.02.2026 along with the report dated 12.11.2025
mentioning that the Government has conducted the
Departmental Enquiry against the intervenor for the
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915 CRIMINAL WRIT PETITION NO. 873 OF 2021
accusation that he paid an extra amount of
Rs.37,50,05,051/- to the concerned farmers for acquisition
of land under National Highways Act, 1956. The said
communication and report are taken on record and marked
'X' collectively for identification.
3) On going through the said report, it is clearly
evident that even after thorough enquiry, no such
accusation is proved against the intervenor.
4) Learned A.P.P. further submits that the report
of the Departmental Enquiry had already been forwarded
to the concerned Minister and the said report may either be
accepted or further enquiry may be directed.
5) Therefore, when the grievance of the petitioner
in this petition is already dealt with, we do not find any
necessity to issue further directions in the matter.
Therefore, we dispose of the present Criminal Writ Petition,
subject to the final outcome of the report of the
Departmental Enquiry against the intervenor.
6) The amount of Rs.50,000/- which is already
deposited be paid to the Deepstambh Foundation Manobal
along with accrued interest thereon till date, as per the
following bank details :
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915 CRIMINAL WRIT PETITION NO. 873 OF 2021
i. Bank Name : ICICI Bank
ii. Account Name : Deepstambh Foundation
iii. Account Number : 037501008110
iv. Account Type : Savings
v. IFSC Code : ICIC0000375
vi. Accountant Contact No. : 8459558844
(Anup Chaudhari)
7) In view of the disposal of the main Writ Petition,
the pending Criminal Application No. 352 of 2022 also
stands disposed of.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
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