21-WP-7849-2024(C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7849 OF 2024 Bandhkam Kamgar Va Magasvargiya Sahakari Gruhanirman Sanstha Maryadit Through Its Chairman Mr. Ganesh D. Boddu ...Petitioner Versus The State of Maharashtra and Others ...Respondents —————— Mr. Ramdas Sabban for the Petitioner. Ms. Prajakta Kamble a/w Mr. Harshad Sathe i/by Mr. Saurabh Butala for Respondent Nos.3.1 to 3.3. Mr. Avesh A. Ghadge i/by Mr. Sarthak S. diwan for Respondent No.4. Mr. Akshay Kulkarni for Respondent Nos.18, 19 & 22. Mr. Siddheshwar B. Kalel, AGP for the Respondent-State. —————— CORAM : SHARMILA U. DESHMUKH & NEERAJ P. DHOTE, JJ. DATE : SEPTEMBER 08, 2026. P. C. : 1. By the present Petition, the Petitioner seeks a declaration that the impugned Kabulayat in Form-H dated 12th June, 1925, admitting 16,390 square metres, is illegal, null and void ab initio, as the Kabulayat is not subscribed by the Patel and Village Accountant, as per the Bombay Land Revenue Rules, 1921, and also seeks forfeiture of the land and its allotment to the Petitioner-Society. The Petition also seeks a declaration that the Development Agreement, Power of Attorney, Sale Jamadar-SL 1 of 2 2026:BHC-KOL:8659-DB 21-WP-7849-2024(C).doc Deeds, etc., between Respondent Nos. 3 and 4, be declared null and void and to quash the Government Order dated 19th August, 2016, which illegally granted 15,903 square metres residential land user permission, even though Respondent No.4, by an application dated 12th January, 2001, had specifically applied only for 8,192.50 square metres residential land change user permission. 2. The Petition, in fact, seeks a writ of mandamus against the Respondents. For a mandamus to lie, there must be a right which is vested in the Petitioner. Merely because the Petitioner is also interested in the allotment of the land cannot be construed as a vested right to challenge the allotment made in favour of the third parties in 1925 and to seek the relief of forfeiture of the allotted land. A writ of mandamus cannot be issued based on allegation of illegal allotment by the Government authorities in favour of third parties without corresponding vested right in the Petitioner. 3. In the event, the Government authorities have acted contrary to the statutory provisions or rules and regulations, it is open for the Petitioner to file Public Interest Litigation. However, writ Petition, in our opinion, would not lie. The Petition is, therefore, dismissed as misconceived. [NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.] Jamadar-SL 2 of 2