9-2102-25-wp.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2102 OF 2025 Suresh Aba Nangare VERSUS The State of Maharashtra And Ors WITH WRIT PETITION NO. 9042 OF 2024 Shankar Eknath Kadam And Throu. Poa And Ors VERSUS The State of Maharashtra Throu. Ld. Commissioner Pune And Ors Mr. Gautam Kanchanpurkar, advocate for the Petitioner in WP 2102/2025 Mr. Laxman Kalel, advocate for the Petitioner in Writ Petition No. 9042/2024 Ms. Tejas Kapre, AGP for the State CORAM : MILIND N. JADHAV, & NANDESH S. DESHPANDE, JJ. DATE : 6th AUGUST 2026 P. C. : 1. Heard respective parties. Writ Petition No. 2102 of 2025 is disposed of with following order. 2. The Collector is directed to take steps in accordance with the statutory provisions of law to remove the obstructionist qua the allotment which has been made to the Petitioner in respect of one of 1 of 4 IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2026.08.06 18:35:02 +0530 9-2102-25-wp.doc the subject plots. 3. In so far as the second subject plot is concerned, the Government has filed an affidavit to the effect stating that in view of an ad-interim order passed in Writ Petition No. 9042 of 2024, the possession of that plot cannot be handed over to the Petitioner in Writ Petition No. 2102 of 2025. 4. Mr. Kanchanpurkar, learned Advocate submits that he has filed the present petition for two-fold reliefs; One, he submits that in so far as Plot No. 1 (Old 979/1/1/2 New 589/1/12) which has been handed over to the Petitioner is concerned, there are certain obstructions, and the Tahsildar has already taken steps and passed an order directing the obstructors to remove themselves from Plot No. 1. However, since they have not removed themselves, he would urge the Court to pass directions to the Collector directing him to take steps in accordance with Section 21, sub-sections (3) and (4) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999. 5. We accordingly direct the Collector to do the needful if the Petitioner is entitled to such action on the part of the Collector pursuant to the action taken by the Tahsildar. 2 of 4 9-2102-25-wp.doc 6. The second issue raised by the Petitioner with regard to handing over of the second plot, which is admittedly not done by the State, still persists. It is seen that there is a stay order granted in the companion petition as admitted to hereinabove. We are ready and willing to hear that petition in which Mr. Kalel appears for the Petitioner. There is an intervenor also who has come before the Court. 7. Prima facie, we feel that subject to any decision taken in Writ Petition No. 9042 of 2024 and/or after vacating the ad-interim order that has been passed, the same shall govern the handing over of Plot No. 2 to the Petitioner. 8. Therefore, once we have given directions to the Collector qua Plot No. 1, there is no reason as to why the petition should be kept pending for Plot No. 2. We give liberty to the Petitioner to approach this Court or the concerned competent authority pursuant to the decision in Writ Petition No. 9042 of 2024. We also give liberty to the Petitioner to implead himself in Writ Petition No. 9042 of 2024 in accordance with law and urge the Court to decide the same expeditiously, because it is the Petitioner's grievance that he has not 3 of 4 9-2102-25-wp.doc been impleaded in Writ Petition No. 9042 of 2024. 9. The contentions of the intervenor are also kept open in accordance with law in the pending Writ Petition No. 9042 of 2024. 10. In view of the above observations and directions, Writ Petition No. 2102 of 2025 stands disposed of. All contentions of the Petitioner in the pending petition are explicitly kept open. 11. List Writ Petition No. 9042 of 2024 on 13th August 2026. The ad-interim relief to continue. [NANDESH S. DESHPANDE, J.] [MILIND N. JADHAV, J.] Iresh 4 of 4