SHIVAJI NAMDEV THORAT AND OTHERS v. THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
WP/8252/2025 · 2025-12-17
Shri Hiten S Venegavkar, Smt Vibha Kankanwadi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57804 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57804 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8252 OF 2025 Shivaji Namdev Thorat And Others VERSUS The State Of Maharashtra Through Secretary And Others Mr. V. B. Patil a/w Mr. S. P. Tiwari h/f Mr. G. R. Baviskar, Advocate for petitioners Mr. S. K. Tambe, Addl. GP for respondent-State CORAM : Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ. DATE : 17th December, 2025 PER COURT :-
1. Learned Advocate for petitioners submits that consideration of the amended prayer B-1 would suffice the purpose by Prayer Clause B-1. The petitioners are seeking direction that the respondents more particularly respondent No. 5 to consider the applications/representation dated 06.01.2025 in accordance with law.
2. Learned AGP who represents respondent Nos. 1 to 5 and 8 has some hesitation and submits that initially the petitioners prayer was for direction to recalculate the compensation amount under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, 12% additional component from the date of possession till the date of the award. Now, 901-WP-8252-2025.odt 1 of 2 2025:BHC-AUG:35960-DB
the price was fixed by the committee and therefore, the representation itself is not maintainable.
3. We are of the opinion that when the representation has been made way back in the month of January, it cannot be kept as it is. It has to be taken to its logical end. This Court is not asking the respondents to consider the said representation in a particular manner. Representation can be decided on its own merits and therefore, we dispose of the writ petition by directing the respondents especially respondent No. 5 to decide the representation dated 06.01.2025 filed by the petitioners within a period of two months from today. (Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.) B. S. Joshi 901-WP-8252-2025.odt 2 of 2