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2026 DAILYLAW 7450 (BOM)

ANKUSH KATHALRAO LANDE AND ANOTHER v. THE STATE OF MAHARASHTRA THR REVENUE AND FOREST IRRIGATION DEPT AND OTHERS

WP/11019/2026 · 2026-09-01

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Judgment text

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1 37.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 37 WRIT PETITION NO. 11019 OF 2026 ANKUSH KATHALRAO LANDE AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH REVENUE AND FOREST IRRIGATION DEPT AND OTHERS ... Advocate for the Petitioner : Ms. Akshara Sharad Madake a/w. Mr. Kale Abhijit Babanrao (Through VC) AGP for Respondent/State : Ms. Neha B. Kamble … CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 01.09.2026 ORDER : . Rule. Rule made returnable forthwith. Heard finally with the consent of the parties. 2. It is the grievance of the petitioners that, they have submitted applications under Section 28-A of the Land Acquisition Act, 1894 (for short, ‘the said Act’) on 28.08.2017. Respondent No.2 has disposed of the applications on the ground that, the record of filing of the applications by the petitioners is available in his office however, the date on which the said applications are filed is not clear. 3. Heard learned Advocate for the petitioners, learned AGP for respondent/State and we have perused the record. 4. The petitioners have placed on record copies of the notices issued by the office of respondent No.2, pursuant to the filing of applications 2026:BHC-AUG:40573-DB 2 37.doc under Section 28-A of the said Act by the petitioners. Copies of the said notices are placed on record at Exh.B. The office of respondent No.2 has issued notices on 27.02.2019,09.01.2019. The endorsement in the margins of the applications show that the same are filed on 28.08.2017. 5. In the light of above, respondent No.2 ought to have decided the said applications on merits and should not have disposed of the same merely on the ground that, it is not clear whether the applications are filed within limitation or not. 6. At the request of learned AGP, liberty is granted to respondent No.2 to verify from his official record whether the notices annexed by the petitioners, are really issued by his office. 7. In the light of above, the Writ Petition is allowed. 8. Respondent No.2 is directed to consider the applications filed by the petitioners, on its own merits, within a period of twelve (12) weeks, from the date of receipt of copy of this order. Rule is made absolute in the above terms. ( ABASAHEB D. SHINDE, J. ) ( NITIN B. SURYAWANSHI, J. ) vsj..