Vasant S/O. Kisanrao Banode v. The State Of Maharashtra, Thr. Secretary (Road And Transport Ministry) Mumbai And Others

2026:BHC-NAG:4144-DB 913-WP-3861-2024.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3861 OF 2024 VASANT S/O. KISANRAO BANODE Vs.

THE STATE OF MAHARASHTRA, THR. SECRETARY (ROAD AND TRANSPORT MINISTRY) MUMBAI AND OTHERS __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mrs. Swati K. Paunikar, Advocate for the Petitioner. Mr. A. V. Palshikar, AGP for the State.

CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 11 th MARCH, 2026.

1.

Heard learned counsel for the petitioner.

2.

The grievance of the petitioner is that he owns three lands, namely, Survey Nos.251, 252 and 273. It is further the case of the petitioner that though the said lands were acquired for construction of a road, no compensation has been paid nor any notices were issued in that regard.

3.

In reply, the learned AGP points out that land Survey No.252 stand in the name of Zilla Parishad, whereas land Survey No.251 stands in the name of Government. It is further pointed out from the map that no road has been constructed over land Survey No. 273, which is admittedly recorded in the name of the petitioner.

913-WP-3861-2024.odt 2/2 4.

In the circumstances, prima facie, nothing on record indicates that land Survey Nos.251 and 252 are owned by the petitioner. It is further noted that no road has been constructed on land Survey No.273.

5.

Despite the same, the petitioner is still maintaining that all the three lands belong to him and that a road has been constructed on the said lands. Since disputed questions of facts are involved, the petitioner will have to establish the aforesaid facts by leading evidence and by initiating necessary proceedings for correction of the mutation entries in respect of land Survey Nos. 251 and 252. If it is the case of the petitioner that though both the lands belong to him, the same have been wrongly recorded in the name of the Government and the Zilla Parishad respectively, the petitioner will have to take appropriate steps in accordance with law. 6.

Accordingly, the Writ Petition is disposed of with liberty to the petitioner to file appropriate proceedings as permissible under the law.

(RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) MJ Jadhav