Mayuresh Mahadev Zanje v. The State Of Maharashtra Thr. Gp And ORS

9-WP-1662-24.DOC JYOTI RAJESH MANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by JYOTI RAJESH MANE Date: 2025.12.22 16:15:31 +0530 WRIT PETITION NO. 1662 OF 2024 Mayuresh Mahadev Zanje

...Petitioner

Versus

The State Of Maharashtra Thr.

Gp And Ors

...Respondents

_______ Mr. Suresh M. Sabrad a/w. Ms. Neha M. Zanje a/w. Amey C. Sawant, a/w. Pratik Sabrad a/w. Eshwaree Kudalkar, for Petitioner. Dr. Dhruti Kapadi, AGP for Respondent/State.

Mr. Rakesh L. Singh i/b. M.V.Kini & Co., for Respondent No.6/NHAI. _______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

17th December 2025 P.C.

1.

This Petition under Article 226 of the Constitution of India is filed praying for the following reliefs:

a) rule be issued, records and proceedings be called for; b) that by an appropriate writ, order or direction, this Hon'ble Court be pleased to hold and declare the action on part of the Respondents in illegally and forcibly entering into the land owned by the Petitioner bearing Gat No.171 (Old Gat No.86/1), admeasuring 28 Ares, situated at Mouje Barasgaav, Taluka Mahad, District Raigad, as illegal, arbitrary and necessary action be taken for not following the due process of law for acquiring the said land and forcibly completing the construction of road widening;

c) that by an appropriate writ, order or direction, this Hon'ble Court be pleased to direct the Respondent Nos.2 and 3 to forthwith initiate acquisition proceedings in respect of the land bearing Gat No.171 (Old Gat No.86/1), admeasuring 28 Ares, situated at Mouje Barasgaav, Taluka Mahad, District Raigad, and compensate the Petitioner in accordance with law, by passing an Award as provided, under the National Highways Act, 19, as expeditiously as possible and preferably within a period of two months;

Mane

9-WP-1662-24.DOC d) that by an appropriate writ, order or direction, this Hon'ble Court be pleased to direct the Respondent Nos.2 and 3 to compensate the Petitioner for having illegally trespass into the land bearing Gat No.171 (Old Gat No.86/1),admeasuring 28 Ares, situated at Mouje Barasgaav, Taluka Mahad, District Raigad and for having cut the standing trees and damage the standing trees, fruits and standing crops;

e) Interim/ad-interim relief in terms of prayer clause (d) above be granted;

f) any other just and consequential relief/order may kindly be passed in favour of the Petitioner as this Hon'ble Court may deem fit and proper in the interest of justice.

2.

After the proceedings were heard for some time, Mr.Sabrad learned counsel for the Petitioner has fairly stated that the Petitioner would withdraw this Petition with liberty to file a Civil Suit. Allowed to be withdrawn, with liberty as prayed for.

3.

All contentions of the parties are expressly kept open. 4.

Disposed of as withdrawn. No costs.

(AARTI SATHE, J.) (G. S. KULKARNI, J.) Mane