Adhar Bhika Pawar v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:35962-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8235 OF 2025 Adhar Bhika Pawar

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 petitioner 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 petitioner submits that consideration of the amended prayer B-1 would suffice the purpose by Prayer Clause B-1. The petitioner is seeking direction that the respondents more particularly respondent No. 5 to consider the applications/representation dated 13.02.2025 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-8235-2025.odt

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 February, 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 13.02.2025 filed by the petitioner within a period of two months from today. (Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.) B. S. Joshi 901-WP-8235-2025.odt