Kailash Haribhau Shivale v. State Of Maharashtra And ORS

P3.WP.1993.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1993 OF 2025 Kailash Haribhau Shivale .. Petitioner

Versus

State of Maharashtra and Ors.

Respondents ....................

 Mr. Sumeet Khaire, Advocate for Petitioner.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 12, 2025 P.C.

:

1.

Not on Board. Mentioned by way of filing praecipe dated 12.12.2025. Perused the praecipe.

2.

Heard Mr. Khaire, learned Advocate for Petitioner. 3.

Mr. Khaire would refer to rely upon order dated 24.11.2025 passed in identical Writ Petition bearing No.1994 of 2025. 4.

He would submit that District Resettlement Officer in the present case has also passed a similar order without giving an opportunity of hearing to Petitioner. He would submit that considering that the lis emanates from a substantive right of Petitioner under the Maharashtra Project Affected Persons Rehabilitation Act, 1999, opportunity of hearing ought to have been granted to the Petitioner by the DRO.

5.

He would persuade the Court to pass a similar order and

P3.WP.1993.2025.doc direct the District Resettlement Officer to hear the Petitioner. 6.

After perusing the order dated 24.11.2025, it is seen that an arguable case is made out by Mr. Khaire in the present Writ Petition. 7.

Immediate cognizance is directed to be taken thereof. Copy of this order and Writ Petition be served forthwith on Chief Government Pleader. She is directed to nominate a responsible Pleader to appear in the matter who shall consider the order dated 24.11.2025 and appear after taking instructions on the next adjourned date. 8.

Considering the aforesaid, I propose to dispose the Petition on 16th December, 2025. To be placed under the caption 'First on Board'.

H. H. SAWANT [ MILIND N. JADHAV, J. ]