Pralhad S/O Damduji Jumde v. State Of Maharashtra, Thr. Collector, Nagpur And Others

2026:BHC-NAG:2493-DB 904-WP-4707-2024.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4707 OF 2024 Pralhad s/o Damduji Jumde Vs.

State of Maharashtra, Thr. Collector, Nagpur and Others __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Himanshu A. Khedikar, Advocate for the Petitioner. Mr. J. Y. Ghurde, AGP for Respondent/State.

Mr. Sumant Y. Deopujari, Advocate for Respondent No.4. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 13 th FEBRUARY, 2026.

1.

The dispute involved in this petition is in respect of 0.50 hectare of land which according to the petitioner, respondents have acquired, but no compensation has been paid. Whereas the respondents are denying the said fact by stating that as per the measurement, the land acquired is 1.17 hectare and not 1.67 hectare as claimed by the petitioner and therefore, there is no question of paying any compensation for 0.50 hectare. 2.

It is thus evident that whether the land in question is admeasuring 1.67 hectare or 1.17 hectare is the question and further the question is how much land the respondents have acquired and whether 0.50 hectare is acquired or not. All these are disputed questions of facts, in view of the fact that the respondents are denying the claim of the petitioner.

904-WP-4707-2024.odt 2/2 3.

In that view of the matter, we are of the opinion that to establish all the above referred facts, the petitioner is required to lead evidence accordingly as this Court cannot go into the root of the matter.

4.

Hence, the Petition is disposed as not tenable with liberty to the petitioner to file appropriate proceedings before the appropriate forum.

5.

All the points raised in the present writ petition are kept open. As regards the limitation issue, the time period spent in prosecuting the matter before this Court shall be taken into consideration while deciding the issue of limitation. (RAJ. D. WAKODE, J.) (ANIL S. KILOR, J.) MJ Jadhav