POPAT BAPU DEVKAR AND OTHERS v. DATTU LAXMAN DEVKAR AND OTHERS
CA/10474/2026 · 2026-09-10
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10198 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10198 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 913-CA-10474-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 913 CIVIL APPLICATION NO. 10474 OF 2026 IN WP/2770/2025 Popat Bapu Devkar And Others VERSUS Dattu Laxman Devkar And Others WITH WRIT PETITION NO. 2770 OF 2025 Dattu Laxman Devkar And Others VERSUS The State Of Maharashtra The Secretary And Others ... Adv.D.R. Adhav for Applicants and Respondent Nos.5,7,9 to 12 in WP. Mr.Shinde Chandrakant K. for the Petitioners. Mr.Kishor Hoke Patil, AGP for the Respondent/State. ….
CORAM : MANJUSHA DESHPANDE, J. DATE : 10.09.2026 PER COURT :
1. This Civil Application has been filed by Respondent Nos.5, 7, 9, 10, 11 and 12 in the Writ Petition. The Petitioners are challenging the
order dated 25th January, 2025, passed by the Deputy Collector (Land Acquisition) Minor Irrigation, Beed. By this order, the objection raised by the Petitioners dated 13th September, 2024 has been accepted to the extent of Gut No.367. In the impugned order, the Deputy Collector has passed an order that so far as the owners of Gut Nos.364, 365, 366, 355 and 357, whose lands have been acquired for the Plant No.2 at Mahindrawadi, Taluka Patoda, District Beed are concerned, they shall be entitled for compensation upon furnishing necessary documents. Sunny Thote 2026:BHC-AUG:42710
2 913-CA-10474-2026.odt
2. It is further observed that so far as the Gut No.367 and 368, which are adjoining lands, the report of the Deputy Superintendent of Land Record would be necessary and upon receiving those reports, a decision would be taken in respect of these two gut numbers. Therefore, the compensation in respect of these two gut numbers was directed to be withheld. 3. The present Applicants are the owners of Gut Nos. 364, 365, 366, 355 and 357. They have filed the present application seeking direction to vacate the interim relief granted by this Court vide order dated 5th March 2025. By the said order, this Court had granted interim relief in terms of prayer clause [D], which reads thus:
“D] Pending hearing and final disposal of the petition, the respondent no. 2 and 3 be restrained from releasing the payment of compensation under the award dated 22/12/2023 in file no. 23/LNQ/SR/24/07.”
4. After going through the impugned order passed by the Deputy Collector dated 25th January, 2025, it is evident that the dispute is regarding the inclusion of Gut Nos.367 and 368 at village Mahendrawadi, Talauka Patoda, District Beed, therefore, there is no reason for withholding the amounts of other land owners, whose lands have been acquired. It is submitted that even geographically those lands are quite far away from the land, which is under dispute. This position is also not disputed by the learned Advocate for the Petitioners, who has filed the Writ Petition. Sunny Thote
3 913-CA-10474-2026.odt
5. In view thereof, the order passed by this Court on 5th March, 2025 is modified by directing that the Applicants shall be entitled for a compensation according to the Award dated 22nd December, 2023 passed by the Deputy Collector (Land Acquisition) Minor Irrigation, Beed. 6.
The restriction imposed by this Court for disbursement of compensation to the landowners of Gut Nos.367 and 368 shall continue to operate only to the extent of Gut No.367, till the dispute is resolved. 7. In view of the aforesaid terms, the Civil Application stands
disposed off.
[ MANJUSHA DESHPANDE, J. ] Sunny Thote