SAMBHAJI AABA KARANDE v. THE STATE OF MAHARASHTRA THR THE REVENUE AND FOREST DEPT. AND ORS
WP/15962/2022 · 2026-05-08
Shri Madhav J Jamdar, Shri Pravin Sheshrao Patil
body2022
DailyLaw.ai
[ 2022 DAILYLAW 2832 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2022 DAILYLAW 2832 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
908-WP-15962-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15962 OF 2022 Sambhaji Aaba Karande ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents —————— Ms. Ketaki Patil i/b Akshay Pawar, for the Petitioner. Mr. V. M. Mali, AGP, for the Respondent-State. Mr. Amit Sale a/w Shreyas Karajgar & Sayali Mane, for Respondent Nos.4 to 10. ——————
Coram: Madhav J. Jamdar & Pravin S. Patil, JJ. Date: May 08, 2026 P.C.:
1. Heard Ms. Patil, learned Counsel appearing for the Petitioner, Mr. Mali, learned AGP, for the Respondent-State and Mr. Sale, learned Counsel appearing for Respondent Nos.4 to 10.
2. By the present Writ Petition iled under Article 226 of the Constitution of India, the challenge is to the legality and validity of the
Order dated 7th December 2022 passed by the Competent Authority alias Deputy Collector (Land Acquisition) No.6, Kolhapur.
3. Ms. Patil, learned Counsel for the Petitioner and Mr. Sale, learned Counsel for Respondent Nos.4 to 10, after arguing the matter for some time, state that the Writ Petition can be disposed of by consent of the parties. Arjun 1 of
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908-WP-15962-2022.doc
4. Accordingly, the Writ Petition is disposed of in the following terms: i.
Order dated 7th December 2022 passed by the Competent Authority alias Deputy Collector (Land Acquisition) No.6, Kolhapur in Hkwla@jk-e-dz-166@rdzkj@vkjvkj&1292@22 is quashed and set aside by consent and the matter is remanded back to the Competent Authority for deciding the same in accordance with law. ii. An amount of Rs.48,82,582/- has been deposited in this Court pursuant to the Order dated 25th March 2026. An amount of Rs.25,00,000/- out of the said amount is directed to be paid to the Petitioner, on the condition that the Petitioner iles an undertaking in this Court within a period of 4 weeks from today, stating that such withdrawal shall abide by the inal orders in reference of the apportionment dispute and that the Petitioner shall bring back the said amount together with interest as shall be determined by the District Court, should the District Court decide that the Petitioner is not entitled to the said amount. iii. The Competent Authority is directed to refer apportionment dispute between the Petitioner and Respondent Nos.4 to 17 regarding the compensation for the acquired property to the Arjun 2 of
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908-WP-15962-2022.doc Principal Civil Court of Original Jurisdiction i.e. District Court at Kolhapur, within a period of 3 months from today. iv. The Registry shall transfer the balance amount to the District Court at Kolhapur after a period of 3 months. v. In the facts and circumstances, the District Court at Kolhapur is requested to dispose of the apportionment dispute regarding the acquired property i.e. Gat No.651 and Gat No.661 situated at Village Koparde, Taluka Shahuwadi, District Kolhapur, as expeditiously as possible, after giving all parties full opportunity of being heard, preferably on or before 31st December 2027. vi. It is made clear that this Court not decided on the merits of the rival claims for apportionment and all contentions in that behalf are expressly kept open.
5. The Writ Petition is disposed of in above terms with no order as to costs. [Pravin S. Patil, J.] [Madhav J. Jamdar, J.] Arjun 3 of
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