VIMAL SUBHASH SATHE v. THE DIVISIONAL COMMISSIONER PUNE AND ORS
WP/8230/2026 · 2026-08-06
Shri Manish Pitale, Shri Shreeram Vinayak Shirsat
body2026
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[ 2026 DAILYLAW 1841 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1841 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
9_WP_8230_26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8230 OF 2026 Vimal Subhash Sathe
… Petitioner vs. The Divisional Commissioner, Pune and others … Respondents Mr. Prasad Avhad a/w. Mr. Chetan Nagare for petitioner. Ms. G. R. Raghuwanshi, AGP for respondents – State authorities.
CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ DATE :
06th AUGUST, 2026 P.C. : . Heard learned counsel for the petitioner and the learned AGP for the respondents – State authorities. 2. On 16.07.2026, while issuing notice, this Court had passed the following order:
“1. Heard the learned counsel for the petitioner. 2. The petitioner is seeking a direction against the respondents to delete the entries made in the revenue record (7/12 extract), in the other rights column pertaining to the subject land, whereby it is stated that the land is reserved for Kasarsai Ujawa Kalwa. The petitioner specifically relies upon the orders passed by this Court granting such relief in favour of the similarly situated persons. It is also brought to our notice that the communication at Exhibit 'F' dated 06.05.2022 addressed by the Sub Divisional Officer to the Executive Engineer of Bhama Aaskhed Irrigation Project itself shows that the subject land was never acquired, although initially it was proposed for acquisition under a 1/4 PRIYA KAMBLI Digitally signed by PRIYA KAMBLI Date: 2026.08.07 13:49:07 +0530
9_WP_8230_26.doc notification issued under Section 4 of the Land Acquisition Act, 1894. 3. It appears that the present petition can be allowed in the light of the petitions of similarly situated persons having been allowed by this Court. 4. Issue notice for final disposal returnable on 6th August 2026, to be included in the category of 'fresh matters'. 5. Learned AGP waives notice on behalf of all the respondents. Hence service is complete.”
3. Reply affidavit has not been filed. But, the learned AGP has tendered a recent communication dated 13.05.2026 addressed by respondent No.3 – Deputy Collector, Land Acquisition No.6, Pune, to the Executive Engineer, Department of Bhama Askhed Dam. The same is taken on record. 4. In the said communication, after referring to the application moved by the petitioner, the said respondent has called upon the Executive Engineer to inform as to whether there is any proposal for acquisition of the subject land of the petitioner for irrigation project and if not, appropriate steps may be taken at the level of the said authority, concerning petitioner’s demand for deletion of remark in the other rights column in 7/12 extract of the subject land. Evidently, there is no response from the Executive Engineer to the said communication. In this backdrop, we have taken the writ petition for hearing and disposal.
5. Having heard the learned counsel for the petitioner and the learned AGP for the respondents – State authorities, we are of the opinion that this writ petition can be allowed in terms of prayer clause (c). By the said prayer, the petitioner has sought a direction to the respondent No.2 – Collector to delete the entries of reservation in 2/4
9_WP_8230_26.doc respect of the subject land at Kasarsai Ujawa Kalwa (loosely translated as Kasarsai right-hand side canal project). 6. Amongst the documents placed on record, we find an order dated 27.04.2016 passed by a Division Bench of this Court in a group of petitions, raising similar grievance with regard to the entries in revenue records of the petitioners therein for the very same project. After perusing the affidavits placed on record on behalf of the respondents – State authorities, the Division Bench of this Court
directed deletion of the said entries. The learned counsel for the petitioner also invited attention to one such affidavit-in-reply dated 22.04.2016 sworn by the Deputy Collector (Land Acquisition No.22), Pune. A perusal of the said affidavit indeed shows that the process of acquisition of land for the said project does not appear to have been completed. 7. With regard to the specific grievance of the petitioner about her land located at Gat No.30, in Village Nere, Taluka Mulshi, District Pune, a communication dated 06.05.2022 sent by the Sub-Divisional Officer, Pune to the Executive Engineer of the Department of Bhama Askhed Dam, assumes significance. The said communication refers to a specific application submitted by the petitioner on 15.02.2022 with regard to her aforesaid grievance and it is categorically recorded that the subject land of the petitioner is not a part of the land acquisition proceedings undertaken for the aforementioned project. Reference is also made to a joint measurement undertaken on 13.10.2021, wherein also it was found that the subject land of the petitioner does not form part of the said project. As a matter of fact, the Sub- Divisional Officer opined in the said communication that the subject land of the petitioner was never acquired for the aforementioned project. 3/4
9_WP_8230_26.doc
8. Considering the aforesaid order passed by the Division Bench of this Court in the cases of similarly situated persons and particularly, in the light of the communication dated 06.05.2022 at Exhibit F, addressed by the Sub-Divisional Officer to the Executive Engineer in respect of petitioner’s property and also, in the light of the latest communication dated 13.05.2026 addressed by the Deputy Collector, Land Acquisition No.6, Pune to the Executive Engineer, we are of the opinion that the present writ petition deserves to be allowed. 9. There is no basis for continuing the entries regarding reservation in the subject property of the petitioner in the other rights column of 7/12 extract for the said project. The aforesaid entries are found to be without any basis and existence of the said entries are obviously to the detriment of the petitioner. 10.
In view of the above, the writ petition is allowed in terms of prayer clause (c), which reads as follows: (c) This Hon’ble Court may be pleased to issue appropriate writ, order or direction to the Respondent No.2 i.e. the District Collector to direct his officers to delete the entries of reservation for Kasarsai Ujawa Kalwa Vitarika Kra. 1 and 2 Project from the other rights column of the 7/12 extract of the land bearing Gat No.30/2. 11. The respondents – State authorities, including respondent No.2 – District Collector are directed to take consequential steps for deletion of said entries within four weeks from today. 12. Pending applications, if any, also stand disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) 4/4 Priya Kambli