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Bombay High CourtIA/8068/2024allowed

Sarubai Sahadu Wadghule v. The Deputy Collector Land Acquisition Pune And ORS

2026-04-07Hon'Ble Shri Justice Manish Pitale , Hon'Ble Shri Justice Shreeram Vinayak Shirsat2 pages

30_IA_8068 & 8070 _24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8068 OF 2024 IN WRIT PETITION NO. 4469 OF 2022 Sarubai Sahadu Wadghule ...

Applicant/Petitioner vs.

Deputy Collector, Land Acquisition No. 17, Pune & ors. ...

Respondents WITH INTERIM APPLICATION NO. 8070 OF 2024 IN WRIT PETITION NO. 4483 OF 2022 Arjun Dnyanoba Bhandare & ors.

...

Applicants/Petitioners vs.

Deputy Collector, Land Acquisition No. 17, Pune & ors. ...

Respondents Ms. Rachana Harpale, i/b. Mr. Nitin P. Deshpande for applicants/petitioners Ms. P. M. J. Deshpande, AGP for respondent -State in WP/4469/2022. Ms. M. S. Bane, AGP for respondent -State in WP/4483/2022. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ DATE :

07th APRIL, 2026 P.C. :

.

These interim applications have been filed, in the light of the order dated 13.03.2024 passed by a Co-ordinate Bench of this Court in these writ petitions. It was recorded in the said order that even if the petitioners were to project their case as regards coercion and undue influence, as also elements of fraud, unless such factors were specifically pleaded, they could not be considered. Digitally signed by PRIYA KAMBLI Date:

2026.04.07 18:01:19 +0530 1/2 PRIYA KAMBLI

30_IA_8068 & 8070 _24.doc 2.

In the said interim applications seeking amendment of the writ petitions, the petitioners seek to add pleadings to the effect that the agreements leading to acquisition of their lands at specific rate, was based on an unequal bargaining power, as the petitioners are illiterate persons. By way of amendment, the petitioners also seek to place reliance on the judgement of a Division Bench of this Court in the case of Murlidhar Rama Veer vs. State of Maharashtra, 2022 (2) Bom CR 733.

3.

We find that allowing the applications for amendment will not change the nature of the petition, for the reason that the basic grievance of the petitioners is already reflected therein, pertaining to the alleged loss suffered by the petitioners at the hands of the respondents, while entering into agreements for acquisition of their lands.

4.

In view of the above, the applications for amendment are allowed. Accordingly, the petitioners shall carry out amendment in their respective writ petitions, within two weeks from today. Thereafter, the amended writ petitions shall be served on the office of the Government Pleader.

5.

It is made clear that allowing the amendment does not amount to accepting the pleadings sought to be added by way of amendment and the respondents would be at liberty to oppose the same. 6.

List the petitions for further consideration on 17.06.2026. (SHREERAM V. SHIRSAT, J) (MANISH PITALE, J.) 2/2 Priya Kambli