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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
                   Komal Kamble                                                        Page| 1 of 3
                                             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 :

Komal Kamble                                                              Page| 2 of 3
                                    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




Komal Kamble                                                    Page| 3 of 3


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