Kamal Shivaji Pokarnekar v. State Of Maharashtra Thr Ministry Of Urban Development And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4299 OF 2013 Chandrakant Hanjarimal Rathod & Ors. ......Petitioners The State of Maharashtra & Ors.
......Respondents REVIEW PETITION NO. 29 OF 2023 WRIT PETITION NO. 4774 OF 2019 INTERIM APPLICATION NO. 3722 OF 2023 REVIEW PETITION NO. 29 OF 2023 ......Petitioner The State of Maharashtra & Ors.
.....Respondent WRIT PETITION NO. 10704 OF 2024 Kamal Shivaji Pokarnekar ......Petitioner State of Maharashtra & Ors. .....Respondents WRIT PETITION NO. 11291 OF 2014 Chandrakant Hanjarimal Rathod & Ors. ......Petitioners The State of Maharashtra & Ors.
INTERIM APPLICATION NO.288 OF 2023 WRIT PETITION NO.11291 OF 2014 1/5
......Applicant In the Matter in Between :
Chandrakant Hanjarimal Rathod & Ors. ......Petitioners The State of Maharashtra & Ors.
WRIT PETITION NO. 10506 OF 2012 Rajaram Kedari Powar, Since Deceased Through LRs. & Ors.
......Petitioners State of Maharashtra & Ors.
INTERIM APPLICATION NO.434 OF 2021 WRIT PETITION NO.10506 OF 2012 ......Applicant In the Matter in Between :
Rajaram Kedari Powar, Since Deceased Through LRs. & Ors.
......Petitioners State of Maharashtra & Ors.
CIVIL APPLICATION NO.2861 OF 2014 WRIT PETITION NO.10506 OF 2012 Chandrakant Hanjarimal Rathod & Ors. ......Applicants In the Matter in Between :
Rajaram Kedari Powar, Since Deceased Through LRs. & Ors.
......Petitioners State of Maharashtra & Ors.
2/5
WRIT PETITION NO. 9209 OF 2022 Rajaram Ramchandra Nalawade ......Petitioner State of Maharashtra & Ors.
WRIT PETITION (ST) NO. 30973 OF 2019 Rajaram Kedari Powar, Since Deceased Through LRs.
......Petitioners State of Maharashtra & Ors.
INTERIM APPLICATION NO.16977 OF 2022 WRIT PETITION NO.30973 OF 2019 ......Applicant In the Matter in Between :
Rajaram Kedari Powar, Since Deceased Through LRs.
......Petitioners State of Maharashtra & Ors.
Mr. Prajakt M Arjunwadkar with Mr. Dhananjay A. Utture, Mr. Ritesh R. Raut & Mr. Chinor S. Sankpal, Advocate for Petitioner in WP/4299/2013 & WP/1291/2014.
Mr. Satish Talekar, i/b. Mr. Chetan G. Patil, for the Petitioner in WP/9202/2022.
Mr. Yuvraj Narvankar with Mr. Rahul Patil, Advocate for Petitioner in WP/10704/2024.
Mr. Rushikesh C. Barge, Advocate for Petitioner in WP/10506/2012. Mrs. Shubhangi N. Deshmukh, AGP, for the Respondents-State. Mr. Abhijit Adagule, Advocate for Respondent-KMC in all Petitions. CORAM: ANIL L. PANSARE, RANJITSINHA RAJA BHONSALE, JJ.
DATED: 28th APRIL 2026 3/5
P.C.:- 1.
On 27th April 2026, the following order is passed: "1.
Heard for some time. It appears that the dispute as regards title of the plots in question is pending before the Civil Court and unless the decision is taken and attains finality, the issue involved can not be considered in the writ jurisdiction. 2.
Learned counsel for the parties shall take instructions and make submissions.
3.
Stand over to 28th April 2026."
2.
The counsel have taken instructions and are agreeable to the proposition that unless the dispute as regards the title over the Plots in question is resolved before the Civil Court, the relief under writ jurisdiction may not be granted.
3.
Thus, the parties have consented to resolve the dispute before the Civil Court.
4.
The State Government may take appropriate decision once the title over the plots in question is ascertained by the Civil Court and once the same attains finality.
5.
The counsels submits that the parties to the pending suit shall cooperate for expeditious disposal of suit. The statement is accepted. 4/5
The parties shall appear before the Court of Civil Judge, Senior Division, Kolhapur on 10th June 2026.
6.
We request the trial Court to decide the Regular Civil Suit No.73 of 1992, Regular Civil Suit No.28 of 2020, Regular Civil Suit No.15 of 2020 and Regular Civil Suit No.2 of 2020 as expeditiously as possible.
7.
The Writ Petitions and Review Petition are disposed of in terms of above by keeping open all questions.
8.
In view of disposal of Writ Petition and Review Petition, nothing survives in the Interim Applications and Civil Applications pending therein and the same shall also stand disposed of. (RANJITSINHA RAJA BHONSALE, J.) (ANIL L. PANSARE, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:
2026.04.28 20:30:04 +0530 RAJU DATTATRAYA GAIKWAD 5/5