Shivaji M. Kachare v. State Of Maharashtra Thr. Collector Solapur And ORS

rsk 1 16-WP-10545-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10545 OF 2022 Shivaji M. Kachare

...Petitioner

Vs.

State of Maharashtra and Ors.

...Respondents

------- Mr. M. V. Thorat for the Petitioner.

Mr. V. S. Gokhale 'B' Panel Counsel for the Respondent-State. -------

CORAM

:

NITIN JAMDAR & SHARMILA U. DESHMUKH, JJ.

DATED :

12 SEPTEMBER 2022.

P. C. :

By this petition, the Petitioner is seeking declaration that award dated 24 August 1986 is invalid and that the Petitioner's land is acquired and compensation is paid to some other person. 2.

The challenge raised in this Petition is hopelessly belated and barred by laches. Not only the award is of 24 August 1986 but, Digitally signed by RAJESHWARI SUBODH KARVE Date:

2022.09.23 18:29:15 +0530 mutation entry No.1355 came to be effected on 15 January 1988 RAJESHWARI SUBODH KARVE reflecting the factum of acquisition. Pursuant to the same, the property has exchanged hands and several mutation entries have been carried out in respect of subsequent owners. The property now stands in the

rsk 2 16-WP-10545-22.doc name of various buyers. Learned counsel for the Petitioner sought to contend that when the land was acquired the Petitioner's father was a minor and the Petitioner and his father had no knowledge of subsequent transactions. There is no mention in their explanation as to the position after the Petitioner's father became major. It is inconceivable that the Petitioner will not know of the revenue record for more than four decades.

3.

The Writ Petition is rejected.

(SHARMILA U. DESHMUKH, J.) ( NITIN JAMDAR, J.)